| 1 | | - | Assembly Bill No. 1774 CHAPTER 55 An act to amend Section 24016 of the Vehicle Code, relating to vehicles. [ Approved by Governor July 02, 2024. Filed with Secretary of State July 02, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 1774, Dixon. Vehicles: electric bicycles.Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and requires electric bicycles to comply with specified equipment and manufacturing requirements. Existing law prohibits a person from tampering with or modifying an electric bicycle so as to change the speed capability of the bicycle, unless they appropriately replace the label indicating the classification required, as specified. A violation of the Vehicle Code is a crime.This bill would clarify that the exception to this prohibition only applies if the bicycle continues to meet the definition of an electric bicycle. This bill would prohibit a person from selling a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle. Because the bill would prohibit a person from selling certain products, the violation of which would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.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 24016 of the Vehicle Code is amended to read:24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle under subdivision (a) of Section 312.5.SEC. 2. 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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| 1 | + | Enrolled June 18, 2024 Passed IN Senate June 13, 2024 Passed IN Assembly May 02, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1774Introduced by Assembly Member Dixon(Coauthor: Assembly Member Petrie-Norris)January 03, 2024 An act to amend Section 24016 of the Vehicle Code, relating to vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 1774, Dixon. Vehicles: electric bicycles.Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and requires electric bicycles to comply with specified equipment and manufacturing requirements. Existing law prohibits a person from tampering with or modifying an electric bicycle so as to change the speed capability of the bicycle, unless they appropriately replace the label indicating the classification required, as specified. A violation of the Vehicle Code is a crime.This bill would clarify that the exception to this prohibition only applies if the bicycle continues to meet the definition of an electric bicycle. This bill would prohibit a person from selling a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle. Because the bill would prohibit a person from selling certain products, the violation of which would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.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 24016 of the Vehicle Code is amended to read:24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle under subdivision (a) of Section 312.5.SEC. 2. 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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| 14 | 23 | | |
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| 15 | 24 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 25 | | |
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| 17 | 26 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 27 | | |
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| 19 | 28 | | AB 1774, Dixon. Vehicles: electric bicycles. |
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| 20 | 29 | | |
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| 21 | 30 | | Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and requires electric bicycles to comply with specified equipment and manufacturing requirements. Existing law prohibits a person from tampering with or modifying an electric bicycle so as to change the speed capability of the bicycle, unless they appropriately replace the label indicating the classification required, as specified. A violation of the Vehicle Code is a crime.This bill would clarify that the exception to this prohibition only applies if the bicycle continues to meet the definition of an electric bicycle. This bill would prohibit a person from selling a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle. Because the bill would prohibit a person from selling certain products, the violation of which would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 22 | 31 | | |
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| 23 | 32 | | Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and requires electric bicycles to comply with specified equipment and manufacturing requirements. Existing law prohibits a person from tampering with or modifying an electric bicycle so as to change the speed capability of the bicycle, unless they appropriately replace the label indicating the classification required, as specified. A violation of the Vehicle Code is a crime. |
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| 24 | 33 | | |
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| 25 | 34 | | This bill would clarify that the exception to this prohibition only applies if the bicycle continues to meet the definition of an electric bicycle. This bill would prohibit a person from selling a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle. Because the bill would prohibit a person from selling certain products, the violation of which would be a crime, the bill would impose a state-mandated local program. |
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| 26 | 35 | | |
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| 27 | 36 | | 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. |
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| 28 | 37 | | |
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| 29 | 38 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 30 | 39 | | |
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| 31 | 40 | | ## Digest Key |
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| 32 | 41 | | |
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| 33 | 42 | | ## Bill Text |
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| 34 | 43 | | |
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| 35 | 44 | | The people of the State of California do enact as follows:SECTION 1. Section 24016 of the Vehicle Code is amended to read:24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle under subdivision (a) of Section 312.5.SEC. 2. 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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| 36 | 45 | | |
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| 37 | 46 | | The people of the State of California do enact as follows: |
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| 38 | 47 | | |
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| 39 | 48 | | ## The people of the State of California do enact as follows: |
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| 40 | 49 | | |
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| 41 | 50 | | SECTION 1. Section 24016 of the Vehicle Code is amended to read:24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle under subdivision (a) of Section 312.5. |
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| 42 | 51 | | |
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| 43 | 52 | | SECTION 1. Section 24016 of the Vehicle Code is amended to read: |
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| 44 | 53 | | |
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| 45 | 54 | | ### SECTION 1. |
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| 46 | 55 | | |
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| 47 | 56 | | 24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle under subdivision (a) of Section 312.5. |
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| 48 | 57 | | |
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| 49 | 58 | | 24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle under subdivision (a) of Section 312.5. |
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| 50 | 59 | | |
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| 51 | 60 | | 24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle under subdivision (a) of Section 312.5. |
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| 52 | 61 | | |
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| 53 | 62 | | |
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| 54 | 63 | | |
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| 55 | 64 | | 24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria: |
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| 56 | 65 | | |
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| 57 | 66 | | (1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.). |
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| 58 | 67 | | |
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| 59 | 68 | | (2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function. |
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| 60 | 69 | | |
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| 61 | 70 | | (b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle. |
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| 62 | 71 | | |
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| 63 | 72 | | (c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.). |
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| 64 | 73 | | |
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| 65 | 74 | | (d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5. |
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| 66 | 75 | | |
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| 67 | 76 | | (e) A person shall not sell a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle under subdivision (a) of Section 312.5. |
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| 68 | 77 | | |
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| 69 | 78 | | SEC. 2. 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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| 70 | 79 | | |
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| 71 | 80 | | SEC. 2. 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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| 72 | 81 | | |
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| 73 | 82 | | SEC. 2. 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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| 74 | 83 | | |
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| 75 | 84 | | ### SEC. 2. |
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