California 2021-2022 Regular Session

California Assembly Bill AB884 Compare Versions

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11 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 884Introduced by Assembly Member PattersonFebruary 17, 2021 An act to amend Sections 1237, 13886, and 13887 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTAB 884, as introduced, Patterson. State agencies: audits.Existing law requires all state and local agencies with an aggregate spending of $50,000,000 or more annually to consider establishing an ongoing audit function.This bill would require all state agencies with an aggregate spending of $50,000,000 or more annually to establish an ongoing audit function.Existing law requires any governing body, as defined, that oversees a state agency that performs or reviews internal audits to establish an audit committee. Existing law, the Bagley-Keene Open Meeting Act (Bagley-Keene Act), requires that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Violation of the Bagley-Keene Act is a crime.This bill would extend the requirements of the Bagley-Keene Act to the internal audit committees established by any governing body if the governing body is subject to the Bagley-Keene Act. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.Existing law generally requires all internal auditor operations of state agencies to meet specified criteria. If a state agency does not report to a governing body, existing law requires the internal auditor operations to, among other things, report audit findings and recommendations to the head or deputy head of the state agency and to the general counsel of the state agency, if applicable. If a state agency is overseen by a governing body, existing law requires the internal audit operations to, among other things, report audit findings and recommendations to the audit committee and general counsel of the governing body.This bill would require both of these types of state agencies to post audit findings and recommendations on its internet website within 5 days of reporting its audit findings and recommendations, as described above.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 1237 of the Government Code is amended to read:1237. (a) All state and local agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall consider establishing an ongoing audit function.(b) All state agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall establish an ongoing audit function.SEC. 2. Section 13886 of the Government Code is amended to read:13886. (a) Any governing body that oversees a state agency that performs or reviews internal audits shall establish an audit committee that generally meets the frameworks recommended by the American Institute of Certified Public Accountants, as set forth in the publication entitled AICPA Audit Committee Toolkit: Government Organizations.(b) For purposes of this chapter, governing body means a board, commission, board of trustees, council, or other similar body that oversees a state agency.(c) If a governing body is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1), an audit committee established by the governing body pursuant to this section shall be subject to the same requirements.SEC. 3. Section 13887 of the Government Code is amended to read:13887. (a) In order to achieve independence and objectivity pursuant to Section 13886, for any state agency that does not report to a governing body, the internal auditor operations shall meet all of the following requirements:(1) The chief internal auditor shall be accountable to the head or deputy head of the state agency.(2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the head or deputy head of the state agency and to the general counsel to the state agency, if applicable.(3) The operations shall be organizationally outside the staff or line management function of the unit under audit.(b) In order to achieve independence and objectivity as required by the standards identified in Section 13886, for any state agency that is overseen by a governing body, the internal audit operations shall meet all of the following requirements:(1) The chief internal auditor shall be accountable to the audit committee of the governing body.(2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the audit committee and the general counsel to the governing body.(3) The operations shall be organizationally outside the staff or line management function of the unit under audit.(c) A state agency shall post any audit findings and recommendations on its internet website within five days of a report being made pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (b).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.
22
33 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 884Introduced by Assembly Member PattersonFebruary 17, 2021 An act to amend Sections 1237, 13886, and 13887 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTAB 884, as introduced, Patterson. State agencies: audits.Existing law requires all state and local agencies with an aggregate spending of $50,000,000 or more annually to consider establishing an ongoing audit function.This bill would require all state agencies with an aggregate spending of $50,000,000 or more annually to establish an ongoing audit function.Existing law requires any governing body, as defined, that oversees a state agency that performs or reviews internal audits to establish an audit committee. Existing law, the Bagley-Keene Open Meeting Act (Bagley-Keene Act), requires that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Violation of the Bagley-Keene Act is a crime.This bill would extend the requirements of the Bagley-Keene Act to the internal audit committees established by any governing body if the governing body is subject to the Bagley-Keene Act. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.Existing law generally requires all internal auditor operations of state agencies to meet specified criteria. If a state agency does not report to a governing body, existing law requires the internal auditor operations to, among other things, report audit findings and recommendations to the head or deputy head of the state agency and to the general counsel of the state agency, if applicable. If a state agency is overseen by a governing body, existing law requires the internal audit operations to, among other things, report audit findings and recommendations to the audit committee and general counsel of the governing body.This bill would require both of these types of state agencies to post audit findings and recommendations on its internet website within 5 days of reporting its audit findings and recommendations, as described above.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
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99 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
1010
1111 Assembly Bill
1212
1313 No. 884
1414
1515 Introduced by Assembly Member PattersonFebruary 17, 2021
1616
1717 Introduced by Assembly Member Patterson
1818 February 17, 2021
1919
2020 An act to amend Sections 1237, 13886, and 13887 of the Government Code, relating to state government.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 884, as introduced, Patterson. State agencies: audits.
2727
2828 Existing law requires all state and local agencies with an aggregate spending of $50,000,000 or more annually to consider establishing an ongoing audit function.This bill would require all state agencies with an aggregate spending of $50,000,000 or more annually to establish an ongoing audit function.Existing law requires any governing body, as defined, that oversees a state agency that performs or reviews internal audits to establish an audit committee. Existing law, the Bagley-Keene Open Meeting Act (Bagley-Keene Act), requires that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Violation of the Bagley-Keene Act is a crime.This bill would extend the requirements of the Bagley-Keene Act to the internal audit committees established by any governing body if the governing body is subject to the Bagley-Keene Act. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.Existing law generally requires all internal auditor operations of state agencies to meet specified criteria. If a state agency does not report to a governing body, existing law requires the internal auditor operations to, among other things, report audit findings and recommendations to the head or deputy head of the state agency and to the general counsel of the state agency, if applicable. If a state agency is overseen by a governing body, existing law requires the internal audit operations to, among other things, report audit findings and recommendations to the audit committee and general counsel of the governing body.This bill would require both of these types of state agencies to post audit findings and recommendations on its internet website within 5 days of reporting its audit findings and recommendations, as described above.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.
2929
3030 Existing law requires all state and local agencies with an aggregate spending of $50,000,000 or more annually to consider establishing an ongoing audit function.
3131
3232 This bill would require all state agencies with an aggregate spending of $50,000,000 or more annually to establish an ongoing audit function.
3333
3434 Existing law requires any governing body, as defined, that oversees a state agency that performs or reviews internal audits to establish an audit committee. Existing law, the Bagley-Keene Open Meeting Act (Bagley-Keene Act), requires that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Violation of the Bagley-Keene Act is a crime.
3535
3636 This bill would extend the requirements of the Bagley-Keene Act to the internal audit committees established by any governing body if the governing body is subject to the Bagley-Keene Act. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
3737
3838 Existing law generally requires all internal auditor operations of state agencies to meet specified criteria. If a state agency does not report to a governing body, existing law requires the internal auditor operations to, among other things, report audit findings and recommendations to the head or deputy head of the state agency and to the general counsel of the state agency, if applicable. If a state agency is overseen by a governing body, existing law requires the internal audit operations to, among other things, report audit findings and recommendations to the audit committee and general counsel of the governing body.
3939
4040 This bill would require both of these types of state agencies to post audit findings and recommendations on its internet website within 5 days of reporting its audit findings and recommendations, as described above.
4141
4242 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.
4343
4444 This bill would provide that no reimbursement is required by this act for a specified reason.
4545
4646 ## Digest Key
4747
4848 ## Bill Text
4949
5050 The people of the State of California do enact as follows:SECTION 1. Section 1237 of the Government Code is amended to read:1237. (a) All state and local agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall consider establishing an ongoing audit function.(b) All state agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall establish an ongoing audit function.SEC. 2. Section 13886 of the Government Code is amended to read:13886. (a) Any governing body that oversees a state agency that performs or reviews internal audits shall establish an audit committee that generally meets the frameworks recommended by the American Institute of Certified Public Accountants, as set forth in the publication entitled AICPA Audit Committee Toolkit: Government Organizations.(b) For purposes of this chapter, governing body means a board, commission, board of trustees, council, or other similar body that oversees a state agency.(c) If a governing body is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1), an audit committee established by the governing body pursuant to this section shall be subject to the same requirements.SEC. 3. Section 13887 of the Government Code is amended to read:13887. (a) In order to achieve independence and objectivity pursuant to Section 13886, for any state agency that does not report to a governing body, the internal auditor operations shall meet all of the following requirements:(1) The chief internal auditor shall be accountable to the head or deputy head of the state agency.(2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the head or deputy head of the state agency and to the general counsel to the state agency, if applicable.(3) The operations shall be organizationally outside the staff or line management function of the unit under audit.(b) In order to achieve independence and objectivity as required by the standards identified in Section 13886, for any state agency that is overseen by a governing body, the internal audit operations shall meet all of the following requirements:(1) The chief internal auditor shall be accountable to the audit committee of the governing body.(2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the audit committee and the general counsel to the governing body.(3) The operations shall be organizationally outside the staff or line management function of the unit under audit.(c) A state agency shall post any audit findings and recommendations on its internet website within five days of a report being made pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (b).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.
5151
5252 The people of the State of California do enact as follows:
5353
5454 ## The people of the State of California do enact as follows:
5555
5656 SECTION 1. Section 1237 of the Government Code is amended to read:1237. (a) All state and local agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall consider establishing an ongoing audit function.(b) All state agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall establish an ongoing audit function.
5757
5858 SECTION 1. Section 1237 of the Government Code is amended to read:
5959
6060 ### SECTION 1.
6161
6262 1237. (a) All state and local agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall consider establishing an ongoing audit function.(b) All state agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall establish an ongoing audit function.
6363
6464 1237. (a) All state and local agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall consider establishing an ongoing audit function.(b) All state agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall establish an ongoing audit function.
6565
6666 1237. (a) All state and local agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall consider establishing an ongoing audit function.(b) All state agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall establish an ongoing audit function.
6767
6868
6969
7070 1237. (a) All state and local agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall consider establishing an ongoing audit function.
7171
7272 (b) All state agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall establish an ongoing audit function.
7373
7474 SEC. 2. Section 13886 of the Government Code is amended to read:13886. (a) Any governing body that oversees a state agency that performs or reviews internal audits shall establish an audit committee that generally meets the frameworks recommended by the American Institute of Certified Public Accountants, as set forth in the publication entitled AICPA Audit Committee Toolkit: Government Organizations.(b) For purposes of this chapter, governing body means a board, commission, board of trustees, council, or other similar body that oversees a state agency.(c) If a governing body is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1), an audit committee established by the governing body pursuant to this section shall be subject to the same requirements.
7575
7676 SEC. 2. Section 13886 of the Government Code is amended to read:
7777
7878 ### SEC. 2.
7979
8080 13886. (a) Any governing body that oversees a state agency that performs or reviews internal audits shall establish an audit committee that generally meets the frameworks recommended by the American Institute of Certified Public Accountants, as set forth in the publication entitled AICPA Audit Committee Toolkit: Government Organizations.(b) For purposes of this chapter, governing body means a board, commission, board of trustees, council, or other similar body that oversees a state agency.(c) If a governing body is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1), an audit committee established by the governing body pursuant to this section shall be subject to the same requirements.
8181
8282 13886. (a) Any governing body that oversees a state agency that performs or reviews internal audits shall establish an audit committee that generally meets the frameworks recommended by the American Institute of Certified Public Accountants, as set forth in the publication entitled AICPA Audit Committee Toolkit: Government Organizations.(b) For purposes of this chapter, governing body means a board, commission, board of trustees, council, or other similar body that oversees a state agency.(c) If a governing body is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1), an audit committee established by the governing body pursuant to this section shall be subject to the same requirements.
8383
8484 13886. (a) Any governing body that oversees a state agency that performs or reviews internal audits shall establish an audit committee that generally meets the frameworks recommended by the American Institute of Certified Public Accountants, as set forth in the publication entitled AICPA Audit Committee Toolkit: Government Organizations.(b) For purposes of this chapter, governing body means a board, commission, board of trustees, council, or other similar body that oversees a state agency.(c) If a governing body is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1), an audit committee established by the governing body pursuant to this section shall be subject to the same requirements.
8585
8686
8787
8888 13886. (a) Any governing body that oversees a state agency that performs or reviews internal audits shall establish an audit committee that generally meets the frameworks recommended by the American Institute of Certified Public Accountants, as set forth in the publication entitled AICPA Audit Committee Toolkit: Government Organizations.
8989
9090 (b) For purposes of this chapter, governing body means a board, commission, board of trustees, council, or other similar body that oversees a state agency.
9191
9292 (c) If a governing body is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1), an audit committee established by the governing body pursuant to this section shall be subject to the same requirements.
9393
9494 SEC. 3. Section 13887 of the Government Code is amended to read:13887. (a) In order to achieve independence and objectivity pursuant to Section 13886, for any state agency that does not report to a governing body, the internal auditor operations shall meet all of the following requirements:(1) The chief internal auditor shall be accountable to the head or deputy head of the state agency.(2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the head or deputy head of the state agency and to the general counsel to the state agency, if applicable.(3) The operations shall be organizationally outside the staff or line management function of the unit under audit.(b) In order to achieve independence and objectivity as required by the standards identified in Section 13886, for any state agency that is overseen by a governing body, the internal audit operations shall meet all of the following requirements:(1) The chief internal auditor shall be accountable to the audit committee of the governing body.(2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the audit committee and the general counsel to the governing body.(3) The operations shall be organizationally outside the staff or line management function of the unit under audit.(c) A state agency shall post any audit findings and recommendations on its internet website within five days of a report being made pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (b).
9595
9696 SEC. 3. Section 13887 of the Government Code is amended to read:
9797
9898 ### SEC. 3.
9999
100100 13887. (a) In order to achieve independence and objectivity pursuant to Section 13886, for any state agency that does not report to a governing body, the internal auditor operations shall meet all of the following requirements:(1) The chief internal auditor shall be accountable to the head or deputy head of the state agency.(2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the head or deputy head of the state agency and to the general counsel to the state agency, if applicable.(3) The operations shall be organizationally outside the staff or line management function of the unit under audit.(b) In order to achieve independence and objectivity as required by the standards identified in Section 13886, for any state agency that is overseen by a governing body, the internal audit operations shall meet all of the following requirements:(1) The chief internal auditor shall be accountable to the audit committee of the governing body.(2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the audit committee and the general counsel to the governing body.(3) The operations shall be organizationally outside the staff or line management function of the unit under audit.(c) A state agency shall post any audit findings and recommendations on its internet website within five days of a report being made pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (b).
101101
102102 13887. (a) In order to achieve independence and objectivity pursuant to Section 13886, for any state agency that does not report to a governing body, the internal auditor operations shall meet all of the following requirements:(1) The chief internal auditor shall be accountable to the head or deputy head of the state agency.(2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the head or deputy head of the state agency and to the general counsel to the state agency, if applicable.(3) The operations shall be organizationally outside the staff or line management function of the unit under audit.(b) In order to achieve independence and objectivity as required by the standards identified in Section 13886, for any state agency that is overseen by a governing body, the internal audit operations shall meet all of the following requirements:(1) The chief internal auditor shall be accountable to the audit committee of the governing body.(2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the audit committee and the general counsel to the governing body.(3) The operations shall be organizationally outside the staff or line management function of the unit under audit.(c) A state agency shall post any audit findings and recommendations on its internet website within five days of a report being made pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (b).
103103
104104 13887. (a) In order to achieve independence and objectivity pursuant to Section 13886, for any state agency that does not report to a governing body, the internal auditor operations shall meet all of the following requirements:(1) The chief internal auditor shall be accountable to the head or deputy head of the state agency.(2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the head or deputy head of the state agency and to the general counsel to the state agency, if applicable.(3) The operations shall be organizationally outside the staff or line management function of the unit under audit.(b) In order to achieve independence and objectivity as required by the standards identified in Section 13886, for any state agency that is overseen by a governing body, the internal audit operations shall meet all of the following requirements:(1) The chief internal auditor shall be accountable to the audit committee of the governing body.(2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the audit committee and the general counsel to the governing body.(3) The operations shall be organizationally outside the staff or line management function of the unit under audit.(c) A state agency shall post any audit findings and recommendations on its internet website within five days of a report being made pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (b).
105105
106106
107107
108108 13887. (a) In order to achieve independence and objectivity pursuant to Section 13886, for any state agency that does not report to a governing body, the internal auditor operations shall meet all of the following requirements:
109109
110110 (1) The chief internal auditor shall be accountable to the head or deputy head of the state agency.
111111
112112 (2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the head or deputy head of the state agency and to the general counsel to the state agency, if applicable.
113113
114114 (3) The operations shall be organizationally outside the staff or line management function of the unit under audit.
115115
116116 (b) In order to achieve independence and objectivity as required by the standards identified in Section 13886, for any state agency that is overseen by a governing body, the internal audit operations shall meet all of the following requirements:
117117
118118 (1) The chief internal auditor shall be accountable to the audit committee of the governing body.
119119
120120 (2) The chief internal auditor shall report audit findings and recommendations made under his or her the chief internal auditors jurisdiction to the audit committee and the general counsel to the governing body.
121121
122122 (3) The operations shall be organizationally outside the staff or line management function of the unit under audit.
123123
124124 (c) A state agency shall post any audit findings and recommendations on its internet website within five days of a report being made pursuant to paragraph (2) of subdivision (a) or paragraph (2) of subdivision (b).
125125
126126 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.
127127
128128 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.
129129
130130 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.
131131
132132 ### SEC. 4.