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California Assembly Bill AB2873

California 2017-2018 Regular Session

California Assembly Bill AB2873 Compare Versions

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1-Assembly Bill No. 2873 CHAPTER 591 An act to amend Sections 11752, 11754, and 11760 of the Vehicle Code, relating to personal vehicle sharing. [ Approved by Governor September 20, 2018. Filed with Secretary of State September 20, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2873, Low. Personal vehicle sharing: recalled vehicles.Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers. Existing law, the Consumer Automotive Recall Safety Act (CARS Act), prohibits a dealer or rental car company, as defined, with a motor vehicle fleet of 34 or fewer loaner or rental vehicles from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturers recall after receiving a notice of the recall, as specified, until the vehicle has been repaired, with exceptions. Existing law requires a personal vehicle sharing program, which facilitates the sharing of private passenger vehicles for noncommercial use, to provide specified insurance coverage for a vehicle and driver while the vehicle is engaged in personal ride sharing. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified.This bill would prohibit, as soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall and a recall notice has been issued by the manufacturer and appears in the National Highway Traffic Safety Administration recall database, or not more than 48 hours after receiving notification of a manufacturers recall by a specified third party, a personal vehicle sharing program, as defined, from facilitating or arranging for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the National Highway Traffic Safety Administration recall database. By creating new prohibitions, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program.The CARS Act provides that it does not create any legal duty upon the dealer, rental car company, or the Department of Motor Vehicles related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, or department obtained the recall database report.This bill would additionally provide that the CARS Act does not create any legal duty upon a personal vehicle sharing program related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after a personal vehicle sharing program obtained the recall database report.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11752 of the Vehicle Code is amended to read:11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program has the same meaning as defined in Section 11580.24 of the Insurance Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California.SEC. 2. Section 11754 of the Vehicle Code is amended to read:11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle sharing program contracts to provide notification of active recalls, a personal vehicle sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall not apply in any manner to pending litigation.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing company.SEC. 3. Section 11760 of the Vehicle Code is amended to read:11760. (a) This article shall not create any legal duty upon the dealer, rental car company, personal vehicle sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) shall not apply in any manner to pending litigation.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing program.SEC. 4. 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.
1+Enrolled September 04, 2018 Passed IN Senate August 29, 2018 Passed IN Assembly August 30, 2018 Amended IN Senate August 24, 2018 Amended IN Senate July 03, 2018 Amended IN Assembly May 10, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2873Introduced by Assembly Member LowFebruary 16, 2018 An act to amend Sections 11752, 11754, and 11760 of the Vehicle Code, relating to personal vehicle sharing.LEGISLATIVE COUNSEL'S DIGESTAB 2873, Low. Personal vehicle sharing: recalled vehicles.Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers. Existing law, the Consumer Automotive Recall Safety Act (CARS Act), prohibits a dealer or rental car company, as defined, with a motor vehicle fleet of 34 or fewer loaner or rental vehicles from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturers recall after receiving a notice of the recall, as specified, until the vehicle has been repaired, with exceptions. Existing law requires a personal vehicle sharing program, which facilitates the sharing of private passenger vehicles for noncommercial use, to provide specified insurance coverage for a vehicle and driver while the vehicle is engaged in personal ride sharing. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified.This bill would prohibit, as soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall and a recall notice has been issued by the manufacturer and appears in the National Highway Traffic Safety Administration recall database, or not more than 48 hours after receiving notification of a manufacturers recall by a specified third party, a personal vehicle sharing program, as defined, from facilitating or arranging for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the National Highway Traffic Safety Administration recall database. By creating new prohibitions, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program.The CARS Act provides that it does not create any legal duty upon the dealer, rental car company, or the Department of Motor Vehicles related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, or department obtained the recall database report.This bill would additionally provide that the CARS Act does not create any legal duty upon a personal vehicle sharing program related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after a personal vehicle sharing program obtained the recall database report.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11752 of the Vehicle Code is amended to read:11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program has the same meaning as defined in Section 11580.24 of the Insurance Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California.SEC. 2. Section 11754 of the Vehicle Code is amended to read:11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle sharing program contracts to provide notification of active recalls, a personal vehicle sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall not apply in any manner to pending litigation.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing company.SEC. 3. Section 11760 of the Vehicle Code is amended to read:11760. (a) This article shall not create any legal duty upon the dealer, rental car company, personal vehicle sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) shall not apply in any manner to pending litigation.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing program.SEC. 4. 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.
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3- Assembly Bill No. 2873 CHAPTER 591 An act to amend Sections 11752, 11754, and 11760 of the Vehicle Code, relating to personal vehicle sharing. [ Approved by Governor September 20, 2018. Filed with Secretary of State September 20, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2873, Low. Personal vehicle sharing: recalled vehicles.Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers. Existing law, the Consumer Automotive Recall Safety Act (CARS Act), prohibits a dealer or rental car company, as defined, with a motor vehicle fleet of 34 or fewer loaner or rental vehicles from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturers recall after receiving a notice of the recall, as specified, until the vehicle has been repaired, with exceptions. Existing law requires a personal vehicle sharing program, which facilitates the sharing of private passenger vehicles for noncommercial use, to provide specified insurance coverage for a vehicle and driver while the vehicle is engaged in personal ride sharing. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified.This bill would prohibit, as soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall and a recall notice has been issued by the manufacturer and appears in the National Highway Traffic Safety Administration recall database, or not more than 48 hours after receiving notification of a manufacturers recall by a specified third party, a personal vehicle sharing program, as defined, from facilitating or arranging for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the National Highway Traffic Safety Administration recall database. By creating new prohibitions, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program.The CARS Act provides that it does not create any legal duty upon the dealer, rental car company, or the Department of Motor Vehicles related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, or department obtained the recall database report.This bill would additionally provide that the CARS Act does not create any legal duty upon a personal vehicle sharing program related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after a personal vehicle sharing program obtained the recall database report.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled September 04, 2018 Passed IN Senate August 29, 2018 Passed IN Assembly August 30, 2018 Amended IN Senate August 24, 2018 Amended IN Senate July 03, 2018 Amended IN Assembly May 10, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2873Introduced by Assembly Member LowFebruary 16, 2018 An act to amend Sections 11752, 11754, and 11760 of the Vehicle Code, relating to personal vehicle sharing.LEGISLATIVE COUNSEL'S DIGESTAB 2873, Low. Personal vehicle sharing: recalled vehicles.Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers. Existing law, the Consumer Automotive Recall Safety Act (CARS Act), prohibits a dealer or rental car company, as defined, with a motor vehicle fleet of 34 or fewer loaner or rental vehicles from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturers recall after receiving a notice of the recall, as specified, until the vehicle has been repaired, with exceptions. Existing law requires a personal vehicle sharing program, which facilitates the sharing of private passenger vehicles for noncommercial use, to provide specified insurance coverage for a vehicle and driver while the vehicle is engaged in personal ride sharing. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified.This bill would prohibit, as soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall and a recall notice has been issued by the manufacturer and appears in the National Highway Traffic Safety Administration recall database, or not more than 48 hours after receiving notification of a manufacturers recall by a specified third party, a personal vehicle sharing program, as defined, from facilitating or arranging for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the National Highway Traffic Safety Administration recall database. By creating new prohibitions, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program.The CARS Act provides that it does not create any legal duty upon the dealer, rental car company, or the Department of Motor Vehicles related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, or department obtained the recall database report.This bill would additionally provide that the CARS Act does not create any legal duty upon a personal vehicle sharing program related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after a personal vehicle sharing program obtained the recall database report.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
4+
5+ Enrolled September 04, 2018 Passed IN Senate August 29, 2018 Passed IN Assembly August 30, 2018 Amended IN Senate August 24, 2018 Amended IN Senate July 03, 2018 Amended IN Assembly May 10, 2018 Amended IN Assembly March 22, 2018
6+
7+Enrolled September 04, 2018
8+Passed IN Senate August 29, 2018
9+Passed IN Assembly August 30, 2018
10+Amended IN Senate August 24, 2018
11+Amended IN Senate July 03, 2018
12+Amended IN Assembly May 10, 2018
13+Amended IN Assembly March 22, 2018
14+
15+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
416
517 Assembly Bill No. 2873
6-CHAPTER 591
18+
19+Introduced by Assembly Member LowFebruary 16, 2018
20+
21+Introduced by Assembly Member Low
22+February 16, 2018
723
824 An act to amend Sections 11752, 11754, and 11760 of the Vehicle Code, relating to personal vehicle sharing.
9-
10- [ Approved by Governor September 20, 2018. Filed with Secretary of State September 20, 2018. ]
1125
1226 LEGISLATIVE COUNSEL'S DIGEST
1327
1428 ## LEGISLATIVE COUNSEL'S DIGEST
1529
1630 AB 2873, Low. Personal vehicle sharing: recalled vehicles.
1731
1832 Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers. Existing law, the Consumer Automotive Recall Safety Act (CARS Act), prohibits a dealer or rental car company, as defined, with a motor vehicle fleet of 34 or fewer loaner or rental vehicles from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturers recall after receiving a notice of the recall, as specified, until the vehicle has been repaired, with exceptions. Existing law requires a personal vehicle sharing program, which facilitates the sharing of private passenger vehicles for noncommercial use, to provide specified insurance coverage for a vehicle and driver while the vehicle is engaged in personal ride sharing. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified.This bill would prohibit, as soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall and a recall notice has been issued by the manufacturer and appears in the National Highway Traffic Safety Administration recall database, or not more than 48 hours after receiving notification of a manufacturers recall by a specified third party, a personal vehicle sharing program, as defined, from facilitating or arranging for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the National Highway Traffic Safety Administration recall database. By creating new prohibitions, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program.The CARS Act provides that it does not create any legal duty upon the dealer, rental car company, or the Department of Motor Vehicles related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, or department obtained the recall database report.This bill would additionally provide that the CARS Act does not create any legal duty upon a personal vehicle sharing program related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after a personal vehicle sharing program obtained the recall database report.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.
1933
2034 Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers. Existing law, the Consumer Automotive Recall Safety Act (CARS Act), prohibits a dealer or rental car company, as defined, with a motor vehicle fleet of 34 or fewer loaner or rental vehicles from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturers recall after receiving a notice of the recall, as specified, until the vehicle has been repaired, with exceptions. Existing law requires a personal vehicle sharing program, which facilitates the sharing of private passenger vehicles for noncommercial use, to provide specified insurance coverage for a vehicle and driver while the vehicle is engaged in personal ride sharing. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified.
2135
2236 This bill would prohibit, as soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall and a recall notice has been issued by the manufacturer and appears in the National Highway Traffic Safety Administration recall database, or not more than 48 hours after receiving notification of a manufacturers recall by a specified third party, a personal vehicle sharing program, as defined, from facilitating or arranging for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the National Highway Traffic Safety Administration recall database. By creating new prohibitions, the violation of which would be a crime under existing law, this bill would impose a state-mandated local program.
2337
2438 The CARS Act provides that it does not create any legal duty upon the dealer, rental car company, or the Department of Motor Vehicles related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, or department obtained the recall database report.
2539
2640 This bill would additionally provide that the CARS Act does not create any legal duty upon a personal vehicle sharing program related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after a personal vehicle sharing program obtained the recall database report.
2741
2842 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.
2943
3044 This bill would provide that no reimbursement is required by this act for a specified reason.
3145
3246 ## Digest Key
3347
3448 ## Bill Text
3549
3650 The people of the State of California do enact as follows:SECTION 1. Section 11752 of the Vehicle Code is amended to read:11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program has the same meaning as defined in Section 11580.24 of the Insurance Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California.SEC. 2. Section 11754 of the Vehicle Code is amended to read:11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle sharing program contracts to provide notification of active recalls, a personal vehicle sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall not apply in any manner to pending litigation.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing company.SEC. 3. Section 11760 of the Vehicle Code is amended to read:11760. (a) This article shall not create any legal duty upon the dealer, rental car company, personal vehicle sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) shall not apply in any manner to pending litigation.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing program.SEC. 4. 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.
3751
3852 The people of the State of California do enact as follows:
3953
4054 ## The people of the State of California do enact as follows:
4155
4256 SECTION 1. Section 11752 of the Vehicle Code is amended to read:11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program has the same meaning as defined in Section 11580.24 of the Insurance Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California.
4357
4458 SECTION 1. Section 11752 of the Vehicle Code is amended to read:
4559
4660 ### SECTION 1.
4761
4862 11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program has the same meaning as defined in Section 11580.24 of the Insurance Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California.
4963
5064 11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program has the same meaning as defined in Section 11580.24 of the Insurance Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California.
5165
5266 11752. As used in this article, the following definitions apply:(a) The term dealer has the same meaning as in Section 285.(b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.(2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.(c) A personal vehicle sharing program has the same meaning as defined in Section 11580.24 of the Insurance Code.(d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:(A) The recall data on a vehicle manufacturers Internet Web site for a specific vehicles line-make.(B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.(e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.(f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California.
5367
5468
5569
5670 11752. As used in this article, the following definitions apply:
5771
5872 (a) The term dealer has the same meaning as in Section 285.
5973
6074 (b) (1) A manufacturers recall is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.
6175
6276 (2) A manufacturers recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.
6377
6478 (c) A personal vehicle sharing program has the same meaning as defined in Section 11580.24 of the Insurance Code.
6579
6680 (d) A recall database is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturers recall information relevant to a specific vehicle.
6781
6882 (1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:
6983
7084 (A) The recall data on a vehicle manufacturers Internet Web site for a specific vehicles line-make.
7185
7286 (B) The recall data in a vehicle manufacturers internal system that provides information to its franchisees on vehicles subject to recall.
7387
7488 (C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.
7589
7690 (2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.
7791
7892 (e) A recall database report is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.
7993
8094 (f) A rental car company is a person or entity in the business of renting passenger vehicles to the public in California.
8195
8296 SEC. 2. Section 11754 of the Vehicle Code is amended to read:11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle sharing program contracts to provide notification of active recalls, a personal vehicle sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall not apply in any manner to pending litigation.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing company.
8397
8498 SEC. 2. Section 11754 of the Vehicle Code is amended to read:
8599
86100 ### SEC. 2.
87101
88102 11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle sharing program contracts to provide notification of active recalls, a personal vehicle sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall not apply in any manner to pending litigation.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing company.
89103
90104 11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle sharing program contracts to provide notification of active recalls, a personal vehicle sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall not apply in any manner to pending litigation.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing company.
91105
92106 11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.(c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle sharing program contracts to provide notification of active recalls, a personal vehicle sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.(d) The changes to this section made by the act adding subdivision (c) shall not apply in any manner to pending litigation.(e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing company.
93107
94108
95109
96110 11754. (a) No later than 48 hours after receiving a notice of a manufacturers recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.
97111
98112 (b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.
99113
100114 (c) As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturers recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle sharing program receives notification of a manufacturers recall by a third party with which the personal vehicle sharing program contracts to provide notification of active recalls, a personal vehicle sharing program shall not facilitate or otherwise arrange for transportation with that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.
101115
102116 (d) The changes to this section made by the act adding subdivision (c) shall not apply in any manner to pending litigation.
103117
104118 (e) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing company.
105119
106120 SEC. 3. Section 11760 of the Vehicle Code is amended to read:11760. (a) This article shall not create any legal duty upon the dealer, rental car company, personal vehicle sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) shall not apply in any manner to pending litigation.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing program.
107121
108122 SEC. 3. Section 11760 of the Vehicle Code is amended to read:
109123
110124 ### SEC. 3.
111125
112126 11760. (a) This article shall not create any legal duty upon the dealer, rental car company, personal vehicle sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) shall not apply in any manner to pending litigation.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing program.
113127
114128 11760. (a) This article shall not create any legal duty upon the dealer, rental car company, personal vehicle sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) shall not apply in any manner to pending litigation.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing program.
115129
116130 11760. (a) This article shall not create any legal duty upon the dealer, rental car company, personal vehicle sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.(b) The changes to this section made by the act amending subdivision (a) shall not apply in any manner to pending litigation.(c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing program.
117131
118132
119133
120134 11760. (a) This article shall not create any legal duty upon the dealer, rental car company, personal vehicle sharing program, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, personal vehicle sharing program, or department obtained the recall database report pursuant to Sections 11754 and 11758.
121135
122136 (b) The changes to this section made by the act amending subdivision (a) shall not apply in any manner to pending litigation.
123137
124138 (c) This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing program.
125139
126140 SEC. 4. 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.
127141
128142 SEC. 4. 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.
129143
130144 SEC. 4. 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.
131145
132146 ### SEC. 4.