| 1 | | - | Assembly Bill No. 606 CHAPTER 447An act to amend Section 2087 of the Fish and Game Code, relating to endangered species. [ Approved by Governor October 08, 2023. Filed with Secretary of State October 08, 2023. ] LEGISLATIVE COUNSEL'S DIGESTAB 606, Mathis. California Endangered Species Act: accidental take: farms or ranches.Existing law, the California Endangered Species Act, prohibits the taking of an endangered or candidate species, except as provided. Under the act, the Department of Fish and Wildlife may authorize the take of listed species pursuant to an incidental take permit if the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. The act requires the department to adopt regulations for the issuance of incidental take permits. Existing law also generally provides that a violation of the Fish and Game Code is a crime.The act also provides, until January 1, 2024, that the accidental take of a candidate, threatened, or endangered species resulting from an act that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act, as provided, and would require a person, when an accidental take is known to occur under these provisions, to report the take to the department within 10 days.This bill would require the department to conduct outreach to raise awareness of the above-mentioned reporting requirement within the agricultural community, as specified, and would extend the above-mentioned exception to the act and the related reporting requirement until January 1, 2029. By extending the duration of this reporting requirement, 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 2087 of the Fish and Game Code is amended to read:2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) (1) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(2) The department shall conduct outreach to the extent feasible using existing channels to raise awareness of this reporting requirement within the agricultural community.(c) For purposes of this section, accidental means unintended or unforeseen.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.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 September 18, 2023 Passed IN Senate September 12, 2023 Passed IN Assembly September 14, 2023 Amended IN Senate June 26, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 606Introduced by Assembly Member Mathis(Coauthors: Assembly Members Megan Dahle and Dixon)(Coauthors: Senators Dodd and Niello)February 09, 2023An act to amend Section 2087 of the Fish and Game Code, relating to endangered species. LEGISLATIVE COUNSEL'S DIGESTAB 606, Mathis. California Endangered Species Act: accidental take: farms or ranches.Existing law, the California Endangered Species Act, prohibits the taking of an endangered or candidate species, except as provided. Under the act, the Department of Fish and Wildlife may authorize the take of listed species pursuant to an incidental take permit if the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. The act requires the department to adopt regulations for the issuance of incidental take permits. Existing law also generally provides that a violation of the Fish and Game Code is a crime.The act also provides, until January 1, 2024, that the accidental take of a candidate, threatened, or endangered species resulting from an act that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act, as provided, and would require a person, when an accidental take is known to occur under these provisions, to report the take to the department within 10 days.This bill would require the department to conduct outreach to raise awareness of the above-mentioned reporting requirement within the agricultural community, as specified, and would extend the above-mentioned exception to the act and the related reporting requirement until January 1, 2029. By extending the duration of this reporting requirement, 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 2087 of the Fish and Game Code is amended to read:2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) (1) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(2) The department shall conduct outreach to the extent feasible using existing channels to raise awareness of this reporting requirement within the agricultural community.(c) For purposes of this section, accidental means unintended or unforeseen.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.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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| 3 | | - | Assembly Bill No. 606 CHAPTER 447An act to amend Section 2087 of the Fish and Game Code, relating to endangered species. [ Approved by Governor October 08, 2023. Filed with Secretary of State October 08, 2023. ] LEGISLATIVE COUNSEL'S DIGESTAB 606, Mathis. California Endangered Species Act: accidental take: farms or ranches.Existing law, the California Endangered Species Act, prohibits the taking of an endangered or candidate species, except as provided. Under the act, the Department of Fish and Wildlife may authorize the take of listed species pursuant to an incidental take permit if the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. The act requires the department to adopt regulations for the issuance of incidental take permits. Existing law also generally provides that a violation of the Fish and Game Code is a crime.The act also provides, until January 1, 2024, that the accidental take of a candidate, threatened, or endangered species resulting from an act that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act, as provided, and would require a person, when an accidental take is known to occur under these provisions, to report the take to the department within 10 days.This bill would require the department to conduct outreach to raise awareness of the above-mentioned reporting requirement within the agricultural community, as specified, and would extend the above-mentioned exception to the act and the related reporting requirement until January 1, 2029. By extending the duration of this reporting requirement, 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 |
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| 3 | + | Enrolled September 18, 2023 Passed IN Senate September 12, 2023 Passed IN Assembly September 14, 2023 Amended IN Senate June 26, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 606Introduced by Assembly Member Mathis(Coauthors: Assembly Members Megan Dahle and Dixon)(Coauthors: Senators Dodd and Niello)February 09, 2023An act to amend Section 2087 of the Fish and Game Code, relating to endangered species. LEGISLATIVE COUNSEL'S DIGESTAB 606, Mathis. California Endangered Species Act: accidental take: farms or ranches.Existing law, the California Endangered Species Act, prohibits the taking of an endangered or candidate species, except as provided. Under the act, the Department of Fish and Wildlife may authorize the take of listed species pursuant to an incidental take permit if the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. The act requires the department to adopt regulations for the issuance of incidental take permits. Existing law also generally provides that a violation of the Fish and Game Code is a crime.The act also provides, until January 1, 2024, that the accidental take of a candidate, threatened, or endangered species resulting from an act that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act, as provided, and would require a person, when an accidental take is known to occur under these provisions, to report the take to the department within 10 days.This bill would require the department to conduct outreach to raise awareness of the above-mentioned reporting requirement within the agricultural community, as specified, and would extend the above-mentioned exception to the act and the related reporting requirement until January 1, 2029. By extending the duration of this reporting requirement, 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 |
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| 14 | 24 | | |
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| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 26 | | |
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| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 28 | | |
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| 19 | 29 | | AB 606, Mathis. California Endangered Species Act: accidental take: farms or ranches. |
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| 20 | 30 | | |
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| 21 | 31 | | Existing law, the California Endangered Species Act, prohibits the taking of an endangered or candidate species, except as provided. Under the act, the Department of Fish and Wildlife may authorize the take of listed species pursuant to an incidental take permit if the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. The act requires the department to adopt regulations for the issuance of incidental take permits. Existing law also generally provides that a violation of the Fish and Game Code is a crime.The act also provides, until January 1, 2024, that the accidental take of a candidate, threatened, or endangered species resulting from an act that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act, as provided, and would require a person, when an accidental take is known to occur under these provisions, to report the take to the department within 10 days.This bill would require the department to conduct outreach to raise awareness of the above-mentioned reporting requirement within the agricultural community, as specified, and would extend the above-mentioned exception to the act and the related reporting requirement until January 1, 2029. By extending the duration of this reporting requirement, 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 | 32 | | |
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| 23 | 33 | | Existing law, the California Endangered Species Act, prohibits the taking of an endangered or candidate species, except as provided. Under the act, the Department of Fish and Wildlife may authorize the take of listed species pursuant to an incidental take permit if the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. The act requires the department to adopt regulations for the issuance of incidental take permits. Existing law also generally provides that a violation of the Fish and Game Code is a crime. |
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| 24 | 34 | | |
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| 25 | 35 | | The act also provides, until January 1, 2024, that the accidental take of a candidate, threatened, or endangered species resulting from an act that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act, as provided, and would require a person, when an accidental take is known to occur under these provisions, to report the take to the department within 10 days. |
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| 26 | 36 | | |
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| 27 | 37 | | This bill would require the department to conduct outreach to raise awareness of the above-mentioned reporting requirement within the agricultural community, as specified, and would extend the above-mentioned exception to the act and the related reporting requirement until January 1, 2029. By extending the duration of this reporting requirement, the violation of which would be a crime, the bill would impose a state-mandated local program. |
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| 28 | 38 | | |
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| 29 | 39 | | 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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| 30 | 40 | | |
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| 31 | 41 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 32 | 42 | | |
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| 33 | 43 | | ## Digest Key |
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| 34 | 44 | | |
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| 35 | 45 | | ## Bill Text |
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| 36 | 46 | | |
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| 37 | 47 | | The people of the State of California do enact as follows:SECTION 1. Section 2087 of the Fish and Game Code is amended to read:2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) (1) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(2) The department shall conduct outreach to the extent feasible using existing channels to raise awareness of this reporting requirement within the agricultural community.(c) For purposes of this section, accidental means unintended or unforeseen.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.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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| 38 | 48 | | |
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| 39 | 49 | | The people of the State of California do enact as follows: |
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| 40 | 50 | | |
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| 41 | 51 | | ## The people of the State of California do enact as follows: |
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| 42 | 52 | | |
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| 43 | 53 | | SECTION 1. Section 2087 of the Fish and Game Code is amended to read:2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) (1) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(2) The department shall conduct outreach to the extent feasible using existing channels to raise awareness of this reporting requirement within the agricultural community.(c) For purposes of this section, accidental means unintended or unforeseen.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 44 | 54 | | |
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| 45 | 55 | | SECTION 1. Section 2087 of the Fish and Game Code is amended to read: |
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| 46 | 56 | | |
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| 47 | 57 | | ### SECTION 1. |
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| 48 | 58 | | |
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| 49 | 59 | | 2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) (1) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(2) The department shall conduct outreach to the extent feasible using existing channels to raise awareness of this reporting requirement within the agricultural community.(c) For purposes of this section, accidental means unintended or unforeseen.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 50 | 60 | | |
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| 51 | 61 | | 2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) (1) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(2) The department shall conduct outreach to the extent feasible using existing channels to raise awareness of this reporting requirement within the agricultural community.(c) For purposes of this section, accidental means unintended or unforeseen.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 52 | 62 | | |
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| 53 | 63 | | 2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter.(b) (1) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days.(2) The department shall conduct outreach to the extent feasible using existing channels to raise awareness of this reporting requirement within the agricultural community.(c) For purposes of this section, accidental means unintended or unforeseen.(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 54 | 64 | | |
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| 55 | 65 | | |
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| 56 | 66 | | |
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| 57 | 67 | | 2087. (a) An accidental take of a candidate, threatened, or endangered species resulting from an act by a person acting as a farmer or rancher, a bona fide employee of a farmer or rancher, or an individual otherwise contracted by a farmer or rancher that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by this chapter. |
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| 58 | 68 | | |
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| 59 | 69 | | (b) (1) When an accidental take is known to occur under subdivision (a), the person shall report the take to the department within 10 days. |
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| 60 | 70 | | |
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| 61 | 71 | | (2) The department shall conduct outreach to the extent feasible using existing channels to raise awareness of this reporting requirement within the agricultural community. |
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| 62 | 72 | | |
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| 63 | 73 | | (c) For purposes of this section, accidental means unintended or unforeseen. |
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| 64 | 74 | | |
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| 65 | 75 | | (d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. |
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| 66 | 76 | | |
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| 67 | 77 | | 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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| 68 | 78 | | |
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| 69 | 79 | | 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 | 80 | | |
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| 71 | 81 | | 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 | 82 | | |
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| 73 | 83 | | ### SEC. 2. |
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