BILL NUMBER: SB 812 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 17, 2016
AMENDED IN SENATE FEBRUARY 12, 2016
INTRODUCED BY Senator Hill
(Principal coauthors: Assembly Members Chiu and Ting)
JANUARY 4, 2016
An act to amend Section 5373.1 of, and to add Sections 1033.6 and
5374.4 to, the Public Utilities Code, and to amend Sections 612,
34501, 34505, 34505.1, and 34513 of, and to add
Section Sections 34505.2 and 34505.3
to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 812, as amended, Hill. Charter-party carriers of passengers and
passenger stage corporations.
(1) Existing law defines a tour bus to include any bus operated by
or for a charter-party carrier of passengers or a passenger stage
corporation, with a bus in this respect defined to mean any vehicle
designed, used, or maintained for carrying more than 10 persons,
including the driver. Existing law provides for the Department of the
California Highway Patrol to regulate the safe operation of various
classes of vehicles, including tour buses. Existing law requires
charter-party carriers of passengers, upon initial application and
annually thereafter, to pay tour bus terminal inspection fees of $15
per tour bus, up to a maximum of $6,500, to offset the costs of
inspections of the Department of the California Highway Patrol, and
requires the Public Utilities Commission to collect these fees and to
deposit fee revenues in the Motor Vehicle Account. Existing law does
not impose similar fees on passenger stage corporations. A violation
of various statutes and regulations governing tour buses and
operators of tour buses is a crime.
Existing law also requires the Department of the California
Highway Patrol, at least once every 13 months, to inspect every
maintenance facility or terminal of any person who at any time
operates any bus. Existing law requires that if the bus operation
includes more than 100 buses, the inspection shall be without prior
notice.
This bill would additionally authorize the department to inspect a
maintenance facility or terminal that receives 2 or more successive
satisfactory ratings once every 26 months. The bill would also
require the department to inspect a maintenance facility or terminal
that receives an unsatisfactory rating every 6 months until the
operator achieves a satisfactory rating, unless the satisfactory
rating is the result of a reinspection, as specified.
This bill would require the Department of the California Highway
Patrol, by regulation, to develop and adopt bus terminal inspection
fees that are scaled and applicable to charter-party
carriers of passengers and passenger stage corporations that operate
one or more tour buses, to replace existing fees, in an amount
sufficient to offset the costs to administer the inspection program
for these companies, as specified. The bill would require the fees to
be collected by the Public Utilities Commission in the case of
charter-party carriers of passengers or as otherwise required by the
regulations. The bill would provide that an operating carrier
may not be charged more than $6,500 in fees. The bill would
make other conforming changes.
This bill would require the Department of the California Highway
Patrol, by regulation, to modify its existing tour bus terminal
inspection program program, beginning no
later than January 1, 2018, to ensure that the
performance-based program is performance-based, with
parameters to evaluate and target on-site inspections of tour buses
operated by or for charter-party carriers of passengers and passenger
stage corporations. The bill would require the tour bus terminal
inspection program to prioritize newly acquired tour buses operated
by charter-party carriers of passengers and passenger stage
corporations, as well as affected targets
companies that are noncompliant or
noncompliant, have a history of noncompliance with safety laws
or regulations. regulations, or have received
unsatisfactory ratings and to prioritize those companies for
unannounced surprise inspections. The bill would also require
no fewer than 25% 10% of the total
number of tour bus carrier inspections conducted by the department to
be unannounced surprise inspections. The bill would require the
department to conduct a follow up inspection 30 days
after an operator receives an unsatisfactory rating.
This bill would require a charter-party carrier of passengers or a
passenger stage corporation, prior to operating a newly acquired
tour bus, bus that is more than 2 years old,
to first schedule an inspection of the tour bus with, and
obtain a satisfactory rating for the tour bus from, the department.
The bill would also require the Department of the California Highway
Patrol, upon determining that the condition of a tour bus is such
that it has multiple safety violations of a nature that operation of
the tour bus could constitute an imminent danger to public safety, to
immediately order the tour bus out of service, and would prohibit
operation of the tour bus until all of the safety violations have
been corrected and the department has verified the correction of the
safety violations upon a subsequent inspection of the tour bus. By
changing the definition of existing crimes and creating new crimes,
the bill would impose a state-mandated local program.
This bill would require, beginning January 1, 2018, a
charter-party carrier of passengers or a passenger stage corporation
operating tour buses that applies for renewal of the registration of
its vehicles to provide proof of its most recent bus terminal
inspection with a satisfactory rating by the department.
This bill would also require the Department of the California
Highway Patrol to conduct a comprehensive review of the statutes and
regulations governing tour buses, as well as buses generally, with
the objective of identifying opportunities for simplification,
consolidation, avoidance of duplication, and consistent use of
terminology, as specified. The bill would require a report containing
the department's recommendations for proposed statutory changes to
be submitted to the policy committees of both houses of the
Legislature with responsibility for transportation matters by January
1, 2018.
(2) Existing law provides for the regulation of passenger stage
corporations and charter-party carriers of passengers by the Public
Utilities Commission.
This bill would require the commission to monitor the recall
notifications of the National Highway Traffic Safety Administration
(NHTSA) relative to buses and limousines
buses, limousines, and modified limousines operated by
passenger stage corporations and charter-party carriers of
passengers. The bill would require the commission, upon determining
that a limousine or bus bus, limousine, or
modified limousine is the subject of a safety recall,
to notify the carrier and order affected vehicles out of service. The
bill would prohibit a carrier from operating a limousine or bus that
is the subject of a safety recall after being notified by the
commission or otherwise becoming aware of the recall. The bill would
require carriers to fix the safety defects of an affected vehicle
before returning it to service and to submit written documentation to
the commission in that regard. The bill would require the
commission, upon determining that the safety defects have been fixed,
to rescind its out-of-service order and notify the carrier that the
vehicle may again be operated. recall by NHTSA that
involves parts or accessories necessary for the safe operation of the
vehicle, as defined, to contact any passenger stage corporation or
charter-party carrier of passengers affected by the recall to ensure
that the certificate holder or permittee is aware of it and has a
plan in place to correct the defect. The bill would authorize the
commission to issue an out-of-service order for any vehicle affected
by the recall until the recall repair is completed.
Because a violation of provisions governing passenger stage
corporations and charter-party carriers of passengers is a crime,
this bill would impose a state-mandated local program by creating new
crimes.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1033.6 is added to the Public Utilities Code,
to read:
1033.6. (a) The commission shall monitor the recall notifications
of the National Highway Traffic Safety Administration (NHTSA)
relative to buses and limousines buses,
limousines, and modified limousines operated by passenger stage
corporations in this state and shall subscribe to NHTSA's electronic
mail notification system.
(b) (1) Upon determining that a
limousine or bus bus, limousine, or modified limousine
of a passenger stage corporation is the subject of a safety
recall by NHTSA, NHTSA that involves parts or
accessories necessary for the safe operation of the vehicle,
the commission shall immediately notify the affected
passenger stage corporation and shall order affected vehicles to be
placed out of service. contact any passenger stage
corporation affected by the recall to ensure that the certificate
holder or permittee is aware of the recall and has a plan
in place to correct the defect.
(c) A passenger stage corporation shall not operate a limousine or
bus that is the subject of a safety recall by NHTSA after being
notified by the commission pursuant to subdivision (b), or otherwise
becoming aware of the recall, and shall fix the safety defects of an
affected vehicle before returning it to service.
(d) Upon completing necessary repairs to an affected vehicle, the
passenger stage corporation shall submit written documentation to the
commission. The commission, upon determining that the safety defects
have been fixed, shall rescind its out of service order and notify
the passenger stage corporation that the vehicle may again be
operated.
(2) As used in this section, "parts or accessories necessary for
the safe operation of the vehicle" has the same meaning as described
in Part 393 of Title 49 of the Code of Federal Regulations.
(c) The commission may issue an out-of-service order for any
vehicle affected by the recall if the recall involves parts or
accessories necessary for the safe operation of the vehicle, which
order shall remain in effect until the recall repair of the vehicle
is completed.
SEC. 2. Section 5373.1 of the Public Utilities Code is amended to
read:
5373.1. (a) Each application for a charter-party carrier of
passengers certificate or permit shall be accompanied by a filing fee
as follows:
(1) Class A certificates (new): one thousand five hundred dollars
($1,500).
(2) Class A certificates (renewal): one hundred dollars ($100).
(3) Class B certificates (new): one thousand dollars ($1,000).
(4) Class B certificates (renewal): one hundred dollars ($100).
(5) Class C certificates (new): one thousand dollars ($1,000).
(6) Class C certificates (renewal): one hundred dollars ($100).
(7) Permits (new): one thousand dollars ($1,000).
(8) Permits (renewal): one hundred dollars ($100).
(b) The commission shall also require each application to be
accompanied by a fee to offset the cost of the charter-party carrier
bus terminal inspections conducted by the Department of the
California Highway Patrol. The fee shall be fifteen dollars ($15) per
tour bus, as defined in Section 612 of the Vehicle Code, or a
maximum of six thousand five hundred dollars ($6,500) for each
operating carrier, until the effective date of the new fee structure
established by the Department of the California Highway Patrol
pursuant to subdivision (b) of Section 34513 of the Vehicle Code.
(c) The commission shall require each charter-party carrier that
operates tour buses, as defined in Section 612 of the Vehicle Code,
to undergo an annual bus terminal inspection conducted by the
Department of the California Highway Patrol and to pay an annual fee
of fifteen dollars ($15) per tour bus, or a maximum of six thousand
five hundred dollars ($6,500), to offset the cost of the inspections,
until the effective date of the new fee structure established by the
Department of the California Highway Patrol pursuant to subdivision
(b) of Section 34513 of the Vehicle Code.
(d) The commission shall deposit the fees collected pursuant to
subdivisions (b) and (c) in the Motor Vehicle Account in the State
Transportation Fund to cover the costs of the inspections conducted
by the department as specified in subdivisions (b) and (c). The
revenues from the fees shall not be used to supplant other sources of
funding for, or otherwise support, any other inspection program
conducted by the department.
SEC. 3. Section 5374.4 is added to the Public Utilities Code, to
read:
5374.4. (a) The commission shall monitor the recall notifications
of the National Highway Traffic Safety Administration (NHTSA)
relative to buses and limousines buses,
limousines, and modified limousines operated by charter-party
carriers of passengers in this state and shall subscribe to NHTSA's
electronic mail notification system.
(b) (1) Upon determining that a
limousine or bus bus, limousine, or modified limousine
of a charter-party carrier of passengers is the subject of a
safety recall by NHTSA, NHTSA that involves
parts or accessories necessary for the safe operation of the vehicle,
the commission shall immediately notify the affected
charter-party carrier of passengers and shall order affected vehicles
to be placed out of service. contact any
charter-party carrier of passengers affected by the recall to ensure
that the certificate holder or permittee is aware of the recall and
has a plan in place to correct the defect.
(c) A charter-party carrier of passengers shall not operate a
limousine or bus that is the subject of a safety recall by NHTSA
after being notified by the commission pursuant to subdivision (b),
or otherwise becoming aware of the recall, and shall fix the safety
defects of an affected vehicle before returning it to service.
(d) Upon completing necessary repairs to an affected vehicle, the
charter-party carrier of passengers shall submit written
documentation to the commission. The commission, upon determining
that the safety defects have been fixed, shall rescind its
out-of-service order and notify the charter-party carrier of
passengers that the vehicle may again be operated.
(2) As used in this section, "parts or accessories necessary for
the safe operation of the vehicle" has the same meaning as described
in Part 393 of Title 49 of the Code of Federal Regulations.
(c) The commission may issue an out-of-service order for any
vehicle affected by the recall if the recall, involves parts or
accessories necessary for the safe operation of the vehicle, which
order shall remain in effect until the recall repair of the vehicle
is completed.
SEC. 4. Section 612 of the Vehicle Code is amended to read:
612. "Tour bus" means a vehicle designed, used, or maintained for
carrying more than 10 persons, including the driver, which is
operated by or for a charter-party carrier of passengers, as defined
in Section 5360 of the Public Utilities Code, or a passenger stage
corporation, as defined in Section 226 of the Public Utilities Code.
SEC. 5 . Section 34501 of
the Vehicle Code is amended to read:
34501. (a) (1) The department shall adopt reasonable rules and
regulations that, in the judgment of the department, are designed to
promote the safe operation of vehicles described in Section 34500,
regarding, but not limited to, controlled substances and alcohol
testing of drivers by motor carriers, hours of service of drivers,
equipment, fuel containers, fueling operations, inspection,
maintenance, recordkeeping, accident reports, and drawbridges. The
rules and regulations shall not, however, be applicable to
schoolbuses, which shall be subject to rules and regulations adopted
pursuant to Section 34501.5.
The rules and regulations shall exempt local law enforcement
agencies, within a single county, engaged in the transportation of
inmates or prisoners when those agencies maintain other motor vehicle
operations records which furnish hours of service information on
drivers which are in substantial compliance with the rules and
regulations. This exemption does not apply to any local law
enforcement agency engaged in the transportation of inmates or
prisoners outside the county in which the agency is located, if that
agency would otherwise be required, by existing law, to maintain
driving logs.
(2) The department may adopt rules and regulations relating to
commercial vehicle safety inspection and out-of-service criteria. In
adopting the rules and regulations, the commissioner may consider the
commercial vehicle safety inspection and out-of-service criteria
adopted by organizations such as the Commercial Vehicle Safety
Alliance , other intergovernmental safety group, or the United States
Department of Transportation. The commissioner may provide
departmental representatives to that alliance or other organization
for the purpose of promoting the continued improvement and refinement
of compatible nationwide commercial vehicle safety inspection and
out-of-service criteria.
(3) The commissioner shall appoint a committee of 15 members,
consisting of representatives of industry subject to the regulations
to be adopted pursuant to this section, to act in an advisory
capacity to the department, and the department shall cooperate and
confer with the advisory committee so appointed. The commissioner
shall appoint a separate committee to advise the department on rules
and regulations concerning wheelchair lifts for installation and use
on buses, consisting of persons who use the wheelchair lifts,
representatives of transit districts, representatives of designers or
manufacturers of wheelchairs and wheelchair lifts, and
representatives of the Department of Transportation.
(4) The department may inspect any vehicles in maintenance
facilities or terminals, as well as any records relating to the
dispatch of vehicles or drivers, and the pay of drivers, to assure
compliance with this code and regulations adopted pursuant to this
section.
(b) The department, using the definitions adopted pursuant to
Section 2402.7, shall adopt regulations for the transportation of
hazardous materials in this state, except the transportation of
materials which are subject to other provisions of this code, that
the department determines are reasonably necessary to ensure the
safety of persons and property using the highways. The regulations
may include provisions governing the filling, marking, packing,
labeling, and assembly of, and containers that may be used for,
hazardous materials shipments, and the manner by which the shipper
attests that the shipments are correctly identified and in proper
condition for transport.
(c) At (1) Except as
provided in paragraphs (2) and (3), at least once every 13
months, the department shall inspect every maintenance facility or
terminal of any person who at any time operates any bus. If the bus
operation includes more than 100 buses, the inspection shall be
without prior notice.
(2) A maintenance facility or terminal that receives two or more
successive satisfactory ratings may be inspected once every 26 months
unless the satisfactory rating is the result of a reinspection
required pursuant to paragraph (2) of subdivision (c) of Section
34513.
(3) A maintenance facility or terminal that receives an
unsatisfactory rating shall be inspected every six months until the
operator achieves a satisfactory rating.
(d) The commissioner shall adopt and enforce regulations which
will make the public or private users of any bus aware of the
operator's last safety rating.
(e) It is unlawful and constitutes a misdemeanor for any person to
operate any bus without the inspection specified in subdivision (c)
having been conducted.
(f) The department may adopt regulations restricting or
prohibiting the movement of any vehicle from a maintenance facility
or terminal if the vehicle is found in violation of this code or
regulations adopted pursuant to this section.
SEC. 5. SEC. 6. Section 34505 of the
Vehicle Code is amended to read:
34505. (a) Tour bus operators shall, in addition to the
systematic inspection, maintenance, and lubrication services required
of all motor carriers, require each tour bus to be inspected at
least every 45 days, or more often if necessary to ensure safe
operation. This inspection shall include, but not be limited to, all
of the following:
(1) Brake adjustment.
(2) Brake system components and leaks.
(3) Steering and suspension systems.
(4) Tires and wheels.
(b) A tour bus shall not be used to transport passengers until all
defects listed during the inspection conducted pursuant to
subdivision (a) have been corrected and attested to by the signature
of the operator's authorized representative.
(c) Records of inspections conducted pursuant to subdivision (a)
shall be kept at the operator's maintenance facility or terminal
where the tour bus is regularly garaged. The records shall be
retained by the operator for one year, and shall be made available
for inspection upon request by any authorized employee of the
department. Each record shall include, but not be limited to, all of
the following:
(1) Identification of the vehicle, including make, model, license
number, or other means of positive identification.
(2) Date and nature of each inspection and any repair performed.
(3) Signature of operator's authorized representative attesting to
the inspection and to the completion of all required repairs.
(4) Company vehicle number.
(d) Prior to operating a newly acquired tour bus,
bus that is more than two years old, a
charter-party carrier of passengers or a passenger stage corporation
shall first schedule an inspection of the tour bus with, and obtain a
satisfactory rating for the tour bus from, the department.
SEC. 6. SEC. 7. Section 34505.1 of
the Vehicle Code is amended to read:
34505.1. (a) Upon determining that a tour bus carrier or modified
limousine carrier has either (1) failed to maintain any vehicle used
in transportation for compensation in a safe operating condition or
to comply with the Vehicle Code or with regulations contained in
Title 13 of the California Code of Regulations relative to motor
carrier safety, and, in the department's opinion, that failure
presents an imminent danger to public safety or constitutes such a
consistent failure as to justify a recommendation to the Public
Utilities Commission or the United States Department of
Transportation or (2) failed to enroll all drivers in the pull notice
system as required by Section 1808.1, the department shall recommend
to the Public Utilities Commission that the carrier's operating
authority be suspended, denied, or revoked, or to the United States
Department of Transportation that appropriate administrative action
be taken against the carrier's interstate operating authority,
whichever is appropriate. For purposes of this subdivision, two
consecutive unsatisfactory compliance ratings for an inspected
terminal assigned because the tour bus carrier or modified limousine
carrier failed to comply with the periodic report requirements of
Section 1808.1 or the cancellation of the carrier's enrollment by the
Department of Motor Vehicles for nonpayment of required fees may be
determined by the department to be a consistent failure. However,
when recommending denial of an application for new or renewal
authority, the department need not conclude that the carrier's
failure presents an imminent danger to public safety or that it
constitutes a consistent failure. The department need only conclude
that the carrier's compliance with the safety-related matters
described in paragraph (1) of subdivision (a) is sufficiently
unsatisfactory to justify a recommendation for denial. The department
shall retain a record, by carrier, of every recommendation made
pursuant to this section.
(b) Before transmitting a recommendation pursuant to subdivision
(a), the department shall notify the carrier in writing of all of the
following:
(1) That the department has determined that the carrier's safety
record is unsatisfactory, furnishing a copy of any documentation or
summary of any other evidence supporting the determination.
(2) That the determination may result in a suspension, revocation,
or denial of the carrier's operating authority by the Public
Utilities Commission or the United States Department of
Transportation, as appropriate.
(3) That the carrier may request a review of the determination by
the department within five days of its receipt of the notice required
under this subdivision. If a review is requested by the carrier, the
department shall conduct and evaluate that review prior to
transmitting any notification pursuant to subdivision (a).
(c) Notwithstanding anything to the contrary in subdivision (a) or
(b), upon determining during a terminal inspection or at any other
time that the condition of a tour bus is such that it has multiple
safety violations of a nature that operation of the tour bus could
constitute an imminent danger to public safety, the department shall
immediately order the tour bus out of service. The tour bus shall not
be subsequently operated with passengers until all of the safety
violations have been corrected and the department has verified the
correction of the safety violations upon a subsequent inspection by
the department of the tour bus, which shall occur within five
business days of the submission of a reinspection request from the
tour bus carrier to the department.
SEC. 7. SEC. 8. Section 34505.2 is
added to the Vehicle Code, to read:
34505.2. (a) (1) The
department shall conduct unannounced surprise inspections of
charter-party carriers of passengers and passenger stage corporations
operating one or more tour buses in addition to regular
regularly scheduled inspections. In
each
(2) The department shall prioritize
unannounced surprise inspections of companies that are noncompliant,
have a history of noncompliance with safety laws or regulations, or
that have received unsatisfactory ratings.
(b) Each fiscal year, no fewer
than 25 10 percent of the total number
of tour bus carrier inspections conducted by the department shall be
unannounced surprise inspections.
SEC. 9. Section 34505.3 is added to the
Vehicle Code , to read:
34505.3. (a) Beginning January 1, 2018, a charter-party carrier
of passengers or a passenger stage corporation operating tour buses
that applies for renewal of the registration of its vehicles shall
provide proof of its most recent bus terminal inspection with a
satisfactory rating by the department.
(b) The Department of Motor Vehicles shall not approve a
registration renewal under subdivision (a) if proof of inspection
with a satisfactory rating is not provided by the charter-party
carrier of passengers or the passenger stage corporation.
SEC. 8. SEC. 10. Section 34513 of
the Vehicle Code is amended to read:
34513. (a) The department shall adopt rules and regulations
relating to the equipment, maintenance, and operation of tour buses.
(b) (1) The department shall, by regulation,
develop and adopt a fee structure for bus terminal inspections of
charter-party carriers of passengers and passenger stage
corporations, to be paid by charter-party carriers of passengers and
passenger stage corporations that operate one or more tour buses. The
fees shall be scaled and based upon the number of buses
operated by or for a company and shall be collected upon initial
application and annually thereafter by the Public Utilities
Commission pursuant to Section 5373.1 for carriers subject to that
section, or as otherwise provided in regulations. The fees shall be
in an amount sufficient to offset the costs to administer the
inspection program as it pertains to charter-party carriers of
passengers and passenger stage corporations, and revenues from the
fees shall be deposited in the Motor Vehicle Account in the State
Transportation Fund. The
( 2) The revenues from
the fees shall not be used to supplant other sources of funding for,
or otherwise support, any other inspection program conducted by the
department. When
( 3) When developing
the regulations, the department shall consider measures that increase
efficiencies to limit the financial impact to charter-party carriers
of passengers and passenger stage corporations subject to the fees.
The
(4) The department shall adopt
the regulations in consultation with appropriate interested parties.
(5) In no instance shall an operating carrier be charged more than
$6,500.
(c) The (1) No later
than January 1, 2018, the department shall, by regulation,
modify its existing tour bus terminal inspection program to ensure
that the performance- based program is
performance-based, with parameters to evaluate and target on-site
inspections of buses operated by or for charter-party carriers of
passengers and passenger stage corporations. The bus terminal
inspection program shall prioritize newly acquired tour buses
operated by charter-party carriers of passengers and passenger stage
corporations, as well as affected targets
companies that are noncompliant or
noncompliant, have a history of noncompliance with safety laws
or regulations. It regulations, or that have
received unsatisfactory ratings.
(2) If a carrier receives an
unsatisfactory rating, the department shall conduct a follow
up inspection no later than 30 days after the initial inspection
during which an unsatisfactory rating was deemed appropriate.
(3) It is the intent of the
Legislature that, to the greatest extent possible, the bus inspection
program shall strive to inspect as many tour buses operated by or
for charter-party carriers of passengers and passenger stage
corporations as possible.
SEC. 9. SEC. 11. The Department of
the California Highway Patrol shall conduct a comprehensive review of
the statutes and regulations governing tour buses, as well as buses
generally, with the objective of identifying opportunities for
simplification, consolidation, avoidance of duplication, and
consistent use of terminology. The review shall be conducted in
consultation with the Public Utilities Commission, the Office of
Legislative Counsel, and interested parties. On or before January 1,
2018, the department shall submit a report containing its
recommendations for proposed statutory changes to the policy
committees of both houses of the Legislature with responsibility for
transportation matters, for potential inclusion, if appropriate in
whole or in part, in a future omnibus transportation bill. The report
shall be submitted pursuant to Section 9795 of the Government Code.
SEC. 10. SEC. 12. 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.