BILL NUMBER: SB 136 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2001
AMENDED IN ASSEMBLY JULY 12, 2001
AMENDED IN SENATE APRIL 30, 2001
INTRODUCED BY Senator Figueroa
(Coauthors: Senators Johannessen and Polanco)
(Coauthors: Assembly Members Aanestad, Correa, and Thomson)
JANUARY 29, 2001
An act to amend Sections 5800, 5810, 6710, 6714, 6735,
6735.3, 6735.4, 6795, 6799, 7200, 7215.6, 7801,
8710, 8741.1, 8801, 8805, 22251, 22255, and
22259 of, to add Sections 5801.1, 5811, and 5812 to, the Business and
Professions Code, relating to professional boards, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 136, as amended, Figueroa. Professional boards.
Existing law provides for the establishment of various
professional boards and professional titling and regulatory programs
within the Department of Consumer Affairs, including the interior
designer titling act, the Board for Professional Engineers and Land
Surveyors, the State Board of Guide Dogs for the Blind, and the Tax
Preparer program. Funds in the Professional Engineer's and Land
Surveyor's Fund are continuously appropriated for purposes of the
Board for Professional Engineers and Land Surveyors.
This bill would extend the operation of the titling provisions
relating to interior designers, the Board for Professional Engineers
and Land Surveyors, the State Board of Guide Dogs for the Blind, and
the Tax Preparer program. The bill would authorize the Board for
Professional Engineers and Land Surveyors to increase registration
fees for professional engineers and would thereby make an
appropriation by including fee amounts deposited in a continuously
appropriated fund. The bill would modify various other
provisions relating to professional engineers, interior designers,
and tax preparers. Because the bill would impose crimes and
penalties for an extended period of time, the bill would impose a
state-mandated local program.
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: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5800 of the Business and Professions Code is
amended to read:
5800. As used in this chapter:
(a) "Certified interior designer" means a person who prepares and
submits nonstructural or nonseismic plans consistent with Sections
5805 and 5538 to local building departments that are of sufficient
complexity so as to require the skills of a licensed contractor to
implement them, and who engages in programming, planning, designing,
and documenting the construction and installation of nonstructural or
nonseismic elements, finishes and furnishings within the interior
spaces of a building, and has demonstrated by means of education,
experience and examination, the competency to protect and enhance the
health, safety, and welfare of the public.
(b) An "interior design organization" means a nonprofit
organization, exempt from taxation under Section 501(c)(3) of Title
26 of the United States Code, of certified interior designers whose
governing board shall include representatives of the public ,
except that an organization that is not currently exempt under that
section that submits an application to the Internal Revenue Service
requesting an exemption under that section shall be eligible to be an
interior design organization if it meets the requirements under that
section within a reasonable period of time .
SEC. 2. Section 5801.1 is added to the Business and Professions
Code, to read:
5801.1. The procedure for the issuance of a stamp by an interior
design organization under Section 5801, including the examinations
recognized and required by the organization, shall be subject to the
occupational analyses and examination validation required by Section
139 every five to seven years.
SEC. 3. Section 5810 of the Business and Professions Code is
amended to read:
5810. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
This chapter shall remain in effect only until January 1, 2004, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2004, deletes or extends that date.
SEC. 4. Section 5811 is added to the Business and Professions
Code, to read:
5811. An interior design organization issuing stamps under
Section 5801 shall do the following:
(a) Report to the Joint Legislative Sunset Review Committee by
September 1, 2002, on outreach efforts, examinations, finances,
interactions of the organization, and materials and information.
(b) Have an audit conducted independently of their revenues and
expenditures and provide the results of the audit to the Joint
Legislative Sunset Review Committee within a reasonable time.
SEC. 5. Section 5812 is added to the Business and Professions
Code, to read:
5812. It is an unfair business practice for any person to
represent themselves as a "certified interior designer" unless they
comply with the requirements of this chapter.
SEC. 6. Section 6710 of the Business and Professions Code is
amended to read:
6710. (a) There is in the Department of Consumer Affairs a Board
for Professional Engineers and Land Surveyors, which consists of 13
members.
(b) Any reference in any law or regulation to the Board of
Registration for Professional Engineers and Land Surveyors is deemed
to refer to the Board for Professional Engineers and Land Surveyors.
(c) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2005, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473). However, the
review of the board shall be limited to only those unresolved issues
identified by the Joint Legislative Sunset Review Committee.
SEC. 7. Section 6714 of the Business and Professions Code is
amended to read:
6714. The board shall appoint an executive officer at a salary to
be fixed and determined by the board with the approval of the
Director of Finance.
This section shall become inoperative on July 1, 2004, and, as of
January 1, 2005, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2005, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 7.2. Section 6735 of the Business and Professions Code is
amended to read:
6735. (a) All civil (including structural and geotechnical)
engineering plans, calculations, specifications, and reports
(hereinafter referred to as "documents") shall be prepared by, or
under the responsible charge of, a registered civil engineer
, and shall include his or her name and license
number. Interim documents shall include a notation as to the
intended purpose of the document, such as "preliminary," "not for
construction," "for plan check only," or "for review only." All civil
engineering plans and specifications that are permitted or that are
to be released for construction shall bear the signature and seal or
stamp of the registrant, the date of signing and sealing or stamping,
and the expiration date of the certificate or authority. All final
civil engineering calculations and reports shall bear the signature
and seal or stamp of the registrant, the date of signing and sealing
or stamping, and the expiration date of the certificate or authority.
If civil engineering plans are required to be signed and
sealed or stamped or sealed and have
multiple sheets, the signature, seal or stamp, date of signing and
sealing or stamping, and expiration date of the certificate or
authority shall appear on each sheet of the plans. If civil
engineering specifications, calculations, and reports are required to
be signed and sealed or stamped and have multiple pages, the
signature, seal , or stamp, date of signing and
sealing or stamping, and expiration date of the certificate or
authority shall appear at a minimum on the title sheet, cover sheet,
or signature sheet.
(b) Notwithstanding subdivision (a), a registered civil engineer
who signs civil engineering documents shall not be responsible for
damage caused by subsequent changes to or uses of those documents, if
the subsequent changes or uses, including changes or uses made by
state or local governmental agencies, are not authorized or approved
by the registered engineer who originally signed the documents,
provided that the engineering service rendered by the civil engineer
who signed the documents was not also a proximate cause of the
damage.
SEC. 7.4. Section 6735.3 of the Business and Professions Code is
amended to read:
6735.3. (a) All electrical engineering plans, specifications,
calculations, and reports (hereinafter referred to as "documents")
prepared by, or under the responsible charge of , a
registered electrical engineer shall include his or her name and
license number. Interim documents shall include a notation as to the
intended purpose of the document, such as "preliminary," "not for
construction," "for plan check only," or "for review only." All
electrical engineering plans and specifications that are permitted or
that are to be released for construction shall bear the signature
and seal or stamp of the registrant, the date of signing and sealing
or stamping, and the expiration date of the registration. All final
electrical engineering calculations and reports shall bear the
signature and seal or stamp of the registrant, the date of signing
and sealing or stamping, and the expiration date of the registration.
If electrical engineering plans are required to be signed and
sealed or stamped and have multiple sheets, the signature, seal or
stamp, date of signing and sealing or stamping, and the
expiration date of the certificate of
registration shall appear on each sheet of the plans. If
electrical engineering specifications, calculations, and reports are
required to be signed and sealed or stamped and have multiple pages,
the signature, seal or stamp, date of signing and sealing or
stamping, and expiration date of the registration shall appear at a
minimum on the title sheet, cover sheet, or signature sheet.
(b) Notwithstanding subdivision (a), a registered electrical
engineer who signs electrical engineering documents shall not be
responsible for damage caused by subsequent changes to or uses of
those documents, if the subsequent changes or uses, including changes
or uses made by state or local governmental agencies, are not
authorized or approved by the registered engineer who originally
signed the documents, provided that the engineering service rendered
by the electrical engineer who signed the documents was not also a
proximate cause of the damage.
SEC. 7.6. Section 6735.4 of the Business and Professions Code is
amended to read:
6735.4. (a) All mechanical engineering plans, specifications,
calculations, and reports (hereinafter referred to as "documents")
prepared by, or under the responsible charge of, a registered
mechanical engineer shall include his or her name and license number.
Interim documents shall include a notation as to the intended
purpose of the document, such as "preliminary," "not for
construction," "for plan check only," or "for review only." All
mechanical engineering plans and specifications that are
permitted or that are to be released for construction shall
bear the signature and seal or stamp of the registrant, the date of
signing and sealing or stamping, and the expiration date of the
registration. All final mechanical engineering calculations and
reports shall bear the signature and seal or stamp of the registrant,
the date of signing and sealing or stamping, and the expiration date
of the registration. If mechanical engineering plans are required
to be signed and sealed or stamped and have multiple sheets, the
signature, seal or stamp, date of signing and sealing or stamping,
and the expiration date of the certificate of
registration shall appear on each sheet of the plans. If
mechanical engineering specifications, calculations, and reports are
required to be signed and sealed or stamped and have multiple pages,
the signature, seal , or stamp, date of signing
and sealing or stamping, and expiration date of the
certificate or authority registration shall
appear at a minimum on the title sheet, cover sheet, or signature
sheet.
(b) Notwithstanding subdivision (a), a registered mechanical
engineer who signs mechanical engineering documents shall not be
responsible for damage caused by subsequent changes to or uses of
those documents, if the subsequent changes or uses, including changes
or uses made by state or local governmental agencies, are not
authorized or approved by the registered engineer who originally
signed the documents, provided that the engineering service rendered
by the mechanical engineer who signed the documents was not also a
proximate cause of the damage.
SEC. 8. Section 6795 of the Business and Professions Code is
amended to read:
6795. Certificates of registration as a professional engineer,
and certificates of authority, shall be valid for a period of two
years from the assigned date of renewal. Biennial renewals shall be
staggered on a monthly basis. To renew an unexpired certificate, the
certificate holder shall, on or before the date of expiration
indicated on the renewal receipt, apply for renewal on a form
prescribed by the board, and pay the renewal fee prescribed by this
chapter.
SEC. 9. Section 6799 of the Business and Professions Code is
amended to read:
6799. The amount of the fees prescribed by this chapter shall be
fixed by the board in accordance with the following schedule:
(a) The fee for filing each application for registration as a
professional engineer and each application for authority level
designation at not more than four hundred dollars ($400), and for
each application for certification as an engineer-in-training at not
more than one hundred dollars ($100).
(b) The temporary registration fee for a professional engineer at
not more than 25 percent of the application fee in effect on the date
of application.
(c) The renewal fee for each branch of professional engineering in
which registration is held, and the renewal fee for each authority
level designation held, at no more than the professional engineer
application fee currently in effect.
(d) The fee for a retired license at not more than 50 percent of
the professional engineer application fee in effect on the date of
application.
(e) The delinquency fee at not more than 50 percent of the renewal
fee in effect on the date of reinstatement.
(f) The board shall establish by regulation an appeal fee for
examination. The regulation shall include provisions for an
applicant to be reimbursed the appeal fee if the appeal results in
passage of examination. The fee charged shall be no more than the
costs incurred by the board.
(g) All other document fees are to be set by the board by rule.
Applicants wishing to be examined in more than one branch of
engineering shall be required to pay the additional fee for each
examination after the first.
SEC. 10. Section 7200 of the Business and Professions Code is
amended to read:
7200. (a) There is in the Department of Consumer Affairs a State
Board of Guide Dogs for the Blind in whom enforcement of this chapter
is vested. The board shall consist of seven members appointed by
the Governor. One member shall be the Director of Rehabilitation or
his or her designated representative. The remaining members shall be
persons who have shown a particular interest in dealing with the
problems of the blind, and at least two of them shall be blind
persons who use guide dogs.
(b) This section shall become inoperative on July 1, 2008, and, as
of January 1, 2009, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2009, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 11. Section 7215.6 of the Business and Professions Code is
amended to read:
7215.6. (a) In order to provide a procedure for the resolution of
disputes between guide dog users and guide dog schools relating to
the continued physical custody and use of a guide dog, in all cases
except those in which the dog user is the unconditional legal owner
of the dog, the following arbitration procedure shall be established
as a pilot project.
(b) This procedure establishes an arbitration panel for the
settlement of disputes between a guide dog user and a licensed guide
dog school regarding the continued use of a guide dog by the user in
all cases except those in which the dog user is the unconditional
legal owner of the dog. The disputes which may be subject to this
procedure concern differences between the user and school over
whether or not a guide dog should continue to be used, differences
between the user and school regarding the treatment of a dog by the
user, and differences over whether or not a user should continue to
have custody of a dog pending investigation of charges of abuse. It
specifically does not address issues such as admissions to schools,
training practices, or other issues relating to school standards.
The board and its representative are not parties to any dispute
described in this section.
(c) The licensed guide dog schools in California and the board
shall provide to guide dog users graduating from guide dog programs
in these schools a new avenue for the resolution of disputes that
involve continued use of a guide dog, or the actual physical custody
of a guide dog. Guide dog users who are dissatisfied with decisions
of schools regarding continued use of guide dogs may appeal to the
board to convene an arbitration panel composed of all of the
following:
(1) One person designated by the guide dog user.
(2) One person designated by the licensed guide dog school.
(3) A representative of the board who shall coordinate the
activities of the panel and serve as chair.
(d) If the guide dog user or guide dog school wishes to utilize
the arbitration panel, this must be stated in writing to the board.
The findings and decision of the arbitration panel shall be final and
binding. By voluntarily agreeing to having a dispute resolved by
the arbitration panel and subject to its procedures, each party to
the dispute shall waive any right for subsequent judicial review.
(e) A licensed guide dog school that fails to comply with any
provision of this section shall automatically be subject to a penalty
of two hundred fifty dollars ($250) per day for each day in which a
violation occurs. The penalty shall be paid to the board. The
license of a guide dog school shall not be renewed until all
penalties have been paid.
The fine shall be assessed without advance hearing, but the
licensee may apply to the board for a hearing on the issue of whether
the fine should be modified or set aside. This application shall be
in writing and shall be received by the board within 30 days after
service of notice of the fine. Upon receipt of this written request,
the board shall set the matter for hearing within 60 days.
(f) As a general rule, custody of the guide dog shall remain with
the guide dog user pending a resolution by the arbitration panel. In
circumstances where the immediate health and safety of the guide dog
user or guide dog is threatened, the licensed school may take
custody of the dog at once. However, if the dog is removed from the
user's custody without the user's concurrence, the school shall
provide to the board the evidence that caused this action to be taken
at once and without fail; and within five calendar days a special
committee of two members of the board shall make a determination
regarding custody of the dog pending hearing by the arbitration
panel.
(g) The arbitration panel shall decide the best means to determine
final resolution in each case. This shall include, but is not
limited to, a hearing of the matter before the arbitration panel at
the request of either party to the dispute, an opportunity for each
party in the dispute to make presentations before the arbitration
panel, examination of the written record, or any other inquiry as
will best reveal the facts of the disputes. In any case, the panel
shall make its findings and complete its examination within 45
calendar days of the date of filing the request for arbitration, and
a decision shall be rendered within 10 calendar days of the
examination.
All arbitration hearings shall be held at sites convenient to the
parties and with a view to minimizing costs. Each party to the
arbitration shall bear its own costs, except that the arbitration
panel, by unanimous agreement, may modify this arrangement.
(h) The board may study the effectiveness of the arbitration panel
pilot project in expediting resolution and reducing conflict in
disputes between guide dog users and guide dog schools and may share
its findings with the Legislature upon request.
(i) This section shall cease to be operative on July 1, 2008, and
as of January 1, 2009, is repealed, unless a later enacted statute,
which is enacted before January 1, 2009, deletes or extends that
date.
SEC. 12. Section 7801 of the Business and Professions Code is
amended to read:
7801. As used in this chapter, "board" means the Board for
Geologists and Geophysicists. Any reference in any law or regulation
to the State Board of Registration for Geologists and Geophysicists
shall be deemed to refer to the Board for Geologists and
Geophysicists.
SEC. 13. Section 8710 of the Business and Professions Code is
amended to read:
8710. (a) The Board for Professional Engineers and Land Surveyors
is vested with power to administer the provisions and requirements
of this chapter, and may make and enforce rules and regulations that
are reasonably necessary to carry out its provisions.
(b) The board may adopt rules and regulations of professional
conduct that are not inconsistent with state and federal law. The
rules and regulations may include definitions of incompetence and
negligence. Every person who holds a license or certificate issued
by the board pursuant to this chapter, or a license or certificate
issued to a civil engineer pursuant to Chapter 7 (commencing with
Section 6700), shall be governed by these rules and regulations.
(c) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2005, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section shall render the board subject to the
review required by Division 1.2 (commencing with Section 473).
However, the review of this board shall be limited to only those
unresolved issues identified by the Joint Legislative Sunset Review
Committee.
SEC. 14. Section 8741.1 of the Business and Professions Code is
amended to read:
8741.1. The second division of the examination for licensure as a
land surveyor shall include an examination that incorporates a
national examination for land surveying by a nationally recognized
entity approved by the board, and a supplemental California specific
examination. The California specific examination shall test the
applicant's knowledge of the provisions of this chapter and the board'
s rules and regulations regulating the practice of professional land
surveying in this state. The board shall prepare and distribute to
applicants for the second division of the examination a plain
language pamphlet describing the provisions of this chapter and the
board's rules and regulations regulating the practice of land
surveying in the state.
The board shall use the national examination on or before June 1,
2003. In the meantime, the board may continue to provide the current
state-only second division examination and administer the test on
the provisions of this chapter and board rules as a separate part of
the second division examination for licensure as a land surveyor.
SEC. 15. Section 8801 of the Business and Professions Code is
amended to read:
8801. Licenses issued under this chapter expire every two years,
if not renewed. Biennial renewals shall be staggered on a quarterly
basis. To renew an unexpired license the license holder shall on or
before the date of expiration indicated on the renewal receipt, apply
for renewal on a form prescribed by the board, and pay the renewal
fee prescribed by this chapter.
SEC. 16. Section 8805 of the Business and Professions Code is
amended to read:
8805. The amount of the fees prescribed by this chapter shall be
fixed by the board in accordance with the following schedule:
(a) The fee for filing each application for licensure as a land
surveyor at not more than four hundred dollars ($400), and for each
application for certification as a land surveyor-in-training (LSIT)
at not more than one hundred dollars ($100).
(b) The temporary registration fee for a land surveyor at not more
than 25 percent of the application fee in effect on the date of
application.
(c) The renewal fee for a land surveyor at not more than the
application fee.
(d) The fee for a retired license at not more than 50 percent of
the professional land surveyor application fee in effect on the date
of application.
(e) The delinquency fee at not more than 50 percent of the renewal
fee in effect on the date of reinstatement.
(f) The board shall establish by regulation an appeal fee for
examination. The regulation shall include provisions for an
applicant to be reimbursed the appeal fee if the appeal results in
passage of examination. The fee shall be no more than the costs
incurred by the board.
(g) All other document fees are to be set by the board by rule.
SEC. 17. Section 22251 of the Business and Professions Code is
amended to read:
22251. For the purposes of this chapter, the following words have
the following meanings:
(a) (1) Except as otherwise provided in paragraph (2), "tax
preparer" includes:
(A) A person who, for a fee or for other consideration, assists
with or prepares tax returns for another person or who assumes final
responsibility for completed work on a return on which preliminary
work has been done by another person, or who holds himself or herself
out as offering those services. A person engaged in that activity
shall be deemed to be a separate person for the purposes of this
chapter, irrespective of affiliation with, or employment by, another
tax preparer.
(B) A corporation, partnership, association, or other entity that
has associated with it persons not exempted under Section 22258,
which persons shall have as part of their responsibilities the
preparation of data and ultimate signatory authority on tax returns
or that holds itself out as offering those services or having that
authority.
(2) Notwithstanding paragraph (1), "tax preparer" does not include
an employee who, as part of the regular clerical duties of his or
her employment, prepares his or her employer's income, sales, or
payroll tax returns.
(b) "Tax return" means a return, declaration, statement, refund
claim, or other document required to be made or filed in connection
with state or federal income taxes or state bank and corporation
franchise taxes.
(c) An "approved curriculum provider," for purposes of basic
instruction as described in subdivision (a) of Section 22255, and
continuing education as described in subdivision (b) of Section
22255, is one who has been approved by the council as defined in
subdivision (d), or by the Bureau for Private Postsecondary and
Vocational Education under Chapter 7 (commencing with Section 94700)
of Part 59 of Division 10 of the Education Code. A curriculum
provider who is approved by the tax education council is exempt from
Chapter 7 (commencing with Section 94700) of Part 59 of Division 10
of the Education Code.
(d) "Council" means the California Tax Education Council which is
a single organization made up of not more than one representative
from each professional society, association, or other entity
operating as a California nonprofit corporation which chooses to
participate in the council and which represents tax preparers,
enrolled agents, attorneys, or certified public
accountants with a membership of at least 200
for the last three years, and not more than one representative from
each for-profit tax preparation corporation which chooses to
participate in the council and which has at least 200 employees and
has been operating in California for the last three years. The
council shall include two representatives who are tax
preparers. establish a process by which two tax
preparers are appointed to the council with full voting privileges,
to serve terms as determined by the council, and with initial terms
to be served on a staggered basis, providing that a person exempt
from the requirements of this title pursuant to Section 22258 shall
not be eligible for appointment, other than an employee of an
individual in an exempt category.
SEC. 18. Section 22255 of the Business and Professions Code
is amended to read:
22255. (a) The council shall issue a "certificate of completion"
to the tax preparer when the tax preparer demonstrates that he or she
has (1) completed not less than 60 hours of instruction in basic
personal income tax law, theory, and practice by an approved
curriculum provider within the previous 18 months; and (2) provides
evidence of compliance with the bonding requirement of Section 22250,
including the name of the surety company, the bond number, and the
bond expiration date. Of the required 60 hours, 45 hours shall
be concerned with federal tax curriculum and 15 hours shall be
concerned with state tax curriculum.
(b) A tax preparer shall complete on an annual basis not less than
20 hours of continuing education, including 12 hours in federal
taxation, four hours in California taxation and an additional four
hours in either federal or California taxation from an approved
curriculum provider. The council shall issue annually a "statement
of compliance" when the tax preparer demonstrates that he or she has
(1) completed the required 20 hours of continuing education, and (2)
provides evidence of compliance with the bonding requirement of
Section 22250, including the name of the surety company, the bond
number, and the bond expiration date.
(c) An individual who possesses a minimum of two recent years
experience in the preparation of personal income tax returns may
petition the council to review the experience and determine if it is
the equivalent of the required qualifying education. The council may
provide that individual with a "certificate of completion" if it is
determined that the experience is the equivalent of the required
hours. Tax preparation performed in situations that violate this
chapter, by an individual who is neither registered nor exempted, may
not be used toward the qualifying experience needed for registration
as a tax preparer.
SEC. 19. Section 22259 of the Business and Professions Code
is amended to read:
22259. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
This chapter shall become inoperative on July 1, 2008, and, as of
January 1, 2009, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2009, deletes or extends
that date on which it becomes inoperative and is repealed.
SEC. 19.
SEC. 20. No reimbursement is required by this act pursuant
to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.