From firearms-alert-owner Wed Aug 17 19:45:13 1994 Return-Path: firearms-alert-owner Received: from localhost (chan@localhost) by jobe.shell.portal.com (8.6.4/8.6.5) id TAA03086 for firearms-alert-outgoing; Wed, 17 Aug 1994 19:42:19 -0700 Received: from localhost (chan@localhost) by jobe.shell.portal.com (8.6.4/8.6.5) id TAA03059; Wed, 17 Aug 1994 19:42:06 -0700 Date: Wed, 17 Aug 1994 19:42:06 -0700 From: Jeff Chan Message-Id: <199408180242.TAA03059@jobe.shell.portal.com> To: firearms-alert Subject: CA: Roberti's ban passes PS committee, Ways & Means next!! Sender: firearms-alert-owner@shell.portal.com Precedence: bulk Status: RO [ftp://ftp.shell.portal.com/pub/chan/ca/ca-assembly.ways-means] Yesterday, Roberti's generic semi-auto ban, SB X46 passed out of the Assembly (not Senate, as I previously stated) Public Safety Committee on a 4-3 vote: N Bob Epple (D) 445-6047 N Paula Boland (R) -8366 Y Tom Bates (D) -7554 Y Mike Gotch (D) -7210 Y Phil Isenberg (D) -1611 Y Barbara Lee (D) -7442 N Richard Rainey (R) -6161 It now moves on to the Assembly Ways and Means Committee which will probably vote on it Tuesday or Wednesday morning (8/23 or 8/24). Republicans: Aguiar, Allen, Andal, Horcher, Johnson, Pringle, Quackenbush, Seastrand, Woodruff. Democrats: Alpert, Val Brown, Burton, Campbell, Costa, Epple, Escutia, Barb Friedman, Hannigan, Barb Lee, Murray, O'Connell, Polanco, Vasconcellos. Here's contact info for the Assembly Ways and Means Committee which is pretty current. You can almost send these folks the same letters as you've been sending to Congress, since the ban is similar (sans mags). Jeff C. __ DISTRICT 7: Valerie Brown State Capitol - Room 2130 50 "D" Street - Suite 301 Sacramento, CA 94248-0001 Santa Rosa, CA 95404 (916) 445-8492 (707) 546-4500 (916) 322-0674 (FAX) (707) 546-9031 (FAX) 502 Florida Street Vallejo, CA 94590 (707) 649-2307 (707) 649-2311 (FAX) DISTRICT 8: Tom Hannigan State Capitol - Room 3104 844 Union Avenue - Suite A Sacramento, CA 94248-0001 Fairfield, CA 94533 (916) 445-8368 (707) 429-2383 (916) 324-4696 (707) 428-2001 (916) 327-9667 (FAX) (707) 429-1502 (FAX) 722 Main Street #B Woodland, CA 95695 (916) 662-7867 DISTRICT 11: Robert Campbell State Capitol - Room 2163 815 Estudillo Street Sacramento, CA 94248-0001 Martinez, CA 94553 (916) 445-7890 (510) 372-7990 (916) 327-2999 (FAX) (510) 372-0934 (FAX) DISTRICT 12: John L. Burton State Capitol - Room 3152 455 Golden Gate Avenue - Suite 2202 Sacramento, CA 94248-0001 San Francisco, CA 94102 (916) 445-8253 (415) 557-2253 (916) 324-4899 (FAX) (415) 557-2592 (FAX) DISTRICT 16: Barbara Lee State Capitol - Room 4146 1440 Broadway - Suite 810 Sacramento, CA 94248-0001 (510) 286-0339 (916) 445-7442 (510) 763-2023 (FAX) (916) 327-1941 (FAX) DISTRICT 17: Dean Andal State Capitol - Room 4167 31 East Channel - Suite 306 Sacramento, CA 94248-0001 Stockton, CA 95202 (916) 445-7931 (209) 948-7479 (916) 327-3519 (FAX) (209) 465-5058 (FAX) DISTRICT 22: John Vasconcellos State Capitol - Room 6026 100 Paseo De San Antonio - Suite 106 Sacramento, CA 94248-0001 San Jose, CA 95113 (916) 445-4253 (408) 288-7515 (916) 323-9209 (FAX) (408) 277-1208 (408) 277-1249 (FAX) DISTRICT 24: Charles Quackenbush State Capitol - Room 4130 901 Campisi Way - Suite 300 Sacramento, CA 94248-0001 Campbell, CA 95008 (916) 445-8305 (408) 369-8170 (916) 323-9989 (FAX) (408) 369-8174 (FAX) DISTRICT 30: Jim Costa State Capitol - Room 2158 1111 Fulton Mall - Suite 914 Sacramento, CA 94248-0001 Fresno, CA 93721 (916) 445-7558 (209) 264-3078 (916) 324-2936 (FAX) (209) 445-5600 (209) 445-6506 (FAX) 512 North Irwin - Suite A Hanford, CA 93230 (209) 582-2869 1830 Truxtun Avenue - Suite 220 Bakersfield, CA 93301 (805) 323-0442 (805) 323-0446 (FAX) DISTRICT 33: Andrea Seastrand State Capitol - Room 3141 523 Higuera Street Sacramento, CA 94248-0001 San Luis Obispo, CA 93401 (916) 445-7795 (805) 549-3381 (916) 324-5510(FAX) (805) 549-3400 (FAX) DISTRICT 35: Jack O'Connell State Capitol - Room 3160 228 West Carrillo Street - Suite F Sacramento, CA 94248-0001 Santa Barbara, CA 93101 (916) 445-8292 (805) 966-2296 (916) 327-3518 (FAX) (805) 966-3707 (FAX) 89 South California Street - Suite E Ventura, CA 93001 (805) 641-1500 (805) 641-3647 (FAX) DISTRICT 40: Barbara Friedman State Capitol - Room 5150 13701 Riverside Drive - Suite 600 Sacramento, CA 94248-0001 Sherman Oaks, CA 91423 (916) 445-7644 (818) 783-1976 (916) 323-8459 (FAX) (818) 783-2672 (FAX) DISTRICT 45: Richard Polanco State Capitol - Room 2188 110 North Avenue 56 Sacramento, CA 94248-0001 Los Angeles, CA 90042 (916) 445-7587 (213) 255-7111 (916) 324-4657 (FAX) (213) 620-2734 (213) 620-4411 (FAX) DISTRICT 50: Martha M. Escutia State Capitol - Room 2137 3512 E. Florence Avenue - Suite 201 Sacramento, CA 94248-0001 Huntington Park, CA 90255 (916) 445-8188 (213) 582-7774 (916) 324-0012 (FAX) (213) 582-4499 (FAX) DISTRICT 52: Willard Murray State Capitol - Room 3091 16444 S. Paramount Blvd. - Suite 100 Sacramento, CA 94248-0001 Paramount, CA 90723 (916) 445-7486 (310) 516-4144 (916) 447-3079 (FAX) (310) 630-0231 (FAX) DISTRICT 56: Bob Epple State Capitol - Room 4126 4425 Atlantic Avenue - Suite B-22 Sacramento, CA 94248-0001 Long Beach, CA 90807 (916) 445-6047 (310) 984-7709 (916) 327-1784 (FAX) (310) 984-9469 (FAX) DISTRICT 60: Paul V. Horcher State Capitol - Room 3123 325 N. Azuza Avenue Sacramento, CA 94248-0001 West Covina, CA 91791 (916) 445-7550 (818) 967-5299 (916) 324-6973 (FAX) (818) 967-9159 (FAX) DISTRICT 61: Fred Aguiar State Capitol - Room 5126 304 West "F" Street Sacramento, CA 94248-0001 Ontario, CA 91762 (916) 445-1670 (909) 984-7741 (916) 445-0385 (FAX) (909) 984-6695 (FAX) DISTRICT 65: Paul Woodruff State Capitol - Room 5164 13027 Perris Blvd. - Suite 106 Sacramento, CA 94248-0001 Moreno Valley, CA 92553 (916) 445-7552 (909) 242-6588 (916) 445-7650 (FAX) (909) 242-2078 (FAX) DISTRICT 67: Doris Allen State Capitol - Room 4153 16052 Beach Blvd. - Suite 160 Sacramento, CA 94248-0001 Huntington Beach, CA 92647 (916) 445-6233 (714) 843-9855 (916) 445-2751 (FAX) (714) 843-6375 (FAX) DISTRICT 68: Curt Pringle State Capitol - Room 4164 12865 Main Street - Suite 100 Sacramento, CA 94248-0001 Garden Grove, CA 92640 (916) 445-8377 (714) 638-1393 (916) 323-5467 (FAX) (714) 638-1496 (FAX) DISTRICT 72: Ross Johnson State Capitol - Room 3151 1501 N. Harbor Blvd. - Suite 201 Sacramento, CA 94248-0001 Fullerton, CA 94248-0001 (916) 445-7448 (714) 738-5853 will not disclose FAX (310) 697-0603 (714) 773-2327 (714) 526-7108 (FAX) DISTRICT 78: Dierdre Alpert State Capitol - Room 4167 1350 Front Street - Suite 6013 Sacramento, CA 94248-0001 San Diego, CA 92101 (916) 445-2112 (619) 234-7878 (916) 445-4001 (FAX) (619) 233-0078 (FAX) __ BILL NUMBER: SBX1 46 AMENDED 08/08/94 BILL TEXT AMENDED IN ASSEMBLY AUGUST 8, 1994 INTRODUCED BY Senator Roberti APRIL 11, 1994 An act to amend Sections 12276, 12280, and 12285 of the Penal Code, relating to firearms. LEGISLATIVE COUNSEL'S DIGEST SB 46, as amended, Roberti. Firearms: assault weapons. Existing law sets forth prohibitions and restrictions with regard to assault weapons, defined to include certain designated semiautomatic firearms. A violation of these prohibitions and restrictions is a felony. This bill would add certain other weapons to the list of designated semiautomatic firearms defined as assault weapons. The bill would make related changes. Because this bill would expand the scope of a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12276 of the Penal Code is amended to read: 12276. As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms: (a) All of the following specified rifles: (1) All AK series including, but not limited to, the models identified as follows: (A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S. (B) Norinco 56, 56S, 84S, and 86S. (C) Poly Technologies AKS and AK47. (D) MAADI AK47 and ARM. (2) UZI and Galil. (3) Beretta AR-70. (4) CETME Sporter. (5) Colt AR-15 series. (6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C. (7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter. (8) MAS 223. (9) HK-91, HK-93, HK-94, and HK-PSG-1. (10) The following MAC types: (A) RPB Industries Inc. sM10 and sM11. (B) SWD Incorporated M11. (11) SKS with detachable magazine. (12) SIG AMT, PE-57, SG 550, and SG 551. (13) Springfield Armory BM59 and SAR-48. (14) Sterling MK-6. (15) Steyer AUG. (16) Valmet M62S, M71S, and M78S. (17) Armalite AR-180. (18) Bushmaster Assault Rifle. (19) Calico M-900. (20) J&R ENG M-68. (21) Weaver Arms Nighthawk. (22) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following: (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon. (C) A bayonet mount. (D) A flash suppressor or threaded barrel designed to accommodate a flash suppressor. (E) A grenade launcher. (b) All of the following specified pistols: (1) UZI. (2) Encom MP-9 and MP-45. (3) The following MAC types: (A) RPB Industries Inc. sM10 and sM11. (B) SWD Incorporated M-11. (C) Advance Armament Inc. M-11. (D) Military Armament Corp. Ingram M-11. (4) Intratec TEC-9. (5) Sites Spectre. (6) Sterling MK-7. (7) Calico M-950. (8) Bushmaster Pistol. (9) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following: (A) An ammunition magazine that attaches to the pistol outside of the pistol grip. (B) A threaded barrel capable of accepting a barrel extender. (C) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned. (D) A manufactured weight of 50 ounces or more when the pistol is unloaded. (E) A semiautomatic version of an automatic firearm. (c) All of the following specified shotguns: (1) Franchi SPAS 12 and LAW 12. (2) Striker 12. (3) The Streetsweeper type S/S Inc. SS/12. (4) A semiautomatic shotgun that has at least two of the following: (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon. (C) A fixed magazine capacity in excess of {- six -} {+ five +} rounds. (D) An ability to accept a detachable magazine. (d) Any firearm declared by the court pursuant to Section 12276.5 to be an assault weapon that is specified as an assault weapon in a list promulgated pursuant to Section 12276.5. (e) The term "series" includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer. (f) This section is declaratory of existing law, as amended, and a clarification of the law and the Legislature's intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to Section 12276.5, and any other models which are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons. SEC. 2. Section 12280 of the Penal Code is amended to read: 12280. (a) (1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years. (2) In addition and consecutive to the punishment imposed under paragraph (1), any person who transfers, lends, sells, or gives any assault weapon to a minor in violation of paragraph (1) shall receive an enhancement of one year. (b) Except as provided in Section 12288, any person who, within this state, possesses any assault weapon, except as provided in this chapter, is guilty of a public offense and upon conviction shall be punished by imprisonment in the state prison, or in a county jail, not exceeding one year. However, if the person presents proof that he or she lawfully possessed the assault weapon prior to June 1, 1989, or prior to the date it was specified as an assault weapon pursuant to Section 12276.5 or any other law, and has since either registered the firearm and any other lawfully obtained firearm subject to this chapter pursuant to Section 12285 or relinquished them pursuant to Section 12288, a first-time violation of this subdivision shall be an infraction punishable by a fine of up to five hundred dollars ($500), but not less than three hundred fifty dollars ($350), if the person has otherwise possessed the firearm in compliance with subdivision (c) of Section 12285. In these cases, the firearm shall be returned unless the court finds in the interest of public safety, after notice and hearing, that the assault weapon should be destroyed pursuant to Section 12028. (c) Notwithstanding Section 654 or any other provision of law, any person who commits another crime while violating this section may receive an additional, consecutive punishment of one year for violating this section in addition and consecutive to the punishment, including enhancements, which is prescribed for the other crime. (d) Subdivisions (a) and (b) shall not apply to the sale to, purchase by, or possession of assault weapons by the Department of Justice, police departments, sheriffs' offices, marshals' offices, the Department of Corrections, the California Highway Patrol, the California State Police, district attorneys' offices, or the military or naval forces of this state or of the United States for use in the discharge of their official duties; nor shall anything in this chapter prohibit the possession or use of assault weapons by sworn members of these agencies when on duty and the use is within the scope of their duties. (e) Subdivision (b) shall not apply to the possession of an assault weapon by any person during the 1990 calendar year, or during the 90-day period immediately after the date it was specified as an assault weapon, if all of the following are applicable: (1) The person is eligible under this chapter to register the particular assault weapon. (2) The person lawfully possessed the particular assault weapon described in paragraph (1) prior to June 1, 1989, or prior to the date it was specified as an assault weapon. (3) The person is otherwise in compliance with this chapter. (f) Subdivisions (a) and (b) shall not apply to the manufacture by persons who are issued permits pursuant to Section 12287 of assault weapons for sale to the following: (1) Exempt entities listed in subdivision (d). (2) Entities and persons who have been issued permits pursuant to Section 12286. (3) Entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed in paragraphs (4) to (6), inclusive. (4) Federal military and law enforcement agencies. (5) Law enforcement and military agencies of other states. (6) Foreign governments and agencies approved by the United States State Department. (g) Subdivision (a) shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon registered under Section 12285 which is disposed of as authorized by the probate court, if the disposition is otherwise permitted by this chapter. (h) Subdivision (b) shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon registered under Section 12285, if the assault weapon is possessed at a place set forth in paragraph (1) of subdivision (c) of Section 12285 or as authorized by the probate court. (i) Subdivision (a) shall not apply to: (1) A person who lawfully possesses and has registered an assault weapon pursuant to this chapter who lends that assault weapon to another if all the following apply: (A) The person to whom the assault weapon is lent is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (B) The person to whom the assault weapon is lent remains in the presence of the registered possessor of the assault weapon. (C) The assault weapon is possessed at any of the following locations: (i) While on a target range which holds a regulatory or business license for the purpose of practicing shooting at that target range. (ii) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets. (iii) While attending any exhibition, display, or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms. (2) The return of an assault weapon to the registered possessor which is lent by the same pursuant to paragraph (1). (j) Subdivision (b) shall not apply to the possession of an assault weapon by a person to whom an assault weapon is lent pursuant to subdivision (i). (k) Subdivisions (a) and (b) shall not apply to the possession and importation of an assault weapon into this state by a nonresident if all of the following conditions are met: (1) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon. (2) The competition or match is conducted on the premises of one of the following: (A) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range. (B) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets. (3) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms. (4) The assault weapon is transported in accordance with Section 12026.1 or 12026.2. (5) The person is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (l) As used in this chapter, the date a firearm is "specified as an assault weapon" is the earliest of the following: (1) The effective date of an amendment to Section 12276 that adds the designation of the specified firearm. (2) The effective date of the list promulgated pursuant to Section 12276.5 that adds or changes the designation of the specified firearm. SEC. 3. Section 12285 of the Penal Code is amended to read: 12285. (a) Any person who lawfully possesses an assault weapon, as defined in Section 12276, prior to June 1, 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to Section 12276.5 or any other law shall register the firearm within 90 days of the specification under Section 12276.5 or the enactment of the law, with the Department of Justice pursuant to those procedures that the department may establish. The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the actual processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department's budget or as otherwise increased through the Budget Act. (b) (1) Except as provided in paragraph (2), no assault weapon possessed pursuant to this section may be sold or transferred on or after January 1, 1990, to anyone within this state other than to a licensed gun dealer, as defined in subdivision (c) of Section 12290, or as provided in Section 12288. Any person who (A) obtains title to an assault weapon registered under this section by bequest or intestate succession, or (B) lawfully possessed a firearm subsequently declared to be an assault weapon pursuant to Section 12276.5 or any other law, shall, within 90 days of the declaration under Section 12276.5 or the enactment of the law, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer, obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2, or remove the weapon from this state. A person who lawfully possessed a firearm that was subsequently declared to be an assault weapon pursuant to Section 12276.5 may alternatively register the firearm within 90 days of the declaration issued pursuant to subdivision (f) of Section 12276.5. (2) A person moving into this state, otherwise in lawful possession of an assault weapon, shall do one of the following: (A) Prior to bringing the assault weapon into this state, that person shall first obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2. (B) The person shall cause the assault weapon to be delivered to a licensed dealer in this state in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. If the person obtains a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2, the dealer shall redeliver that assault weapon to the person. If the licensed dealer is prohibited from delivering the assault weapon to a person pursuant to this paragraph, the dealer shall possess or dispose of the assault weapon as allowed by this chapter. (c) A person who has registered an assault weapon under this section may possess it only under any of the following conditions unless a permit allowing additional uses is first obtained under Section 12286: (1) At that person's residence, place of business, or other property owned by that person, or on property owned by another with the owner's express permission. (2) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets. (3) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range. (4) While on the premises of a shooting club which is licensed pursuant to the Fish and Game Code. (5) While attending any exhibition, display, or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms. (6) While on publicly owned land if the possession and use of a firearm described in Section 12276 is specifically permitted by the managing agency of the land. (7) While transporting the assault weapon between any of the places mentioned in this subdivision, or to any licensed gun dealer, as defined in subdivision (c) of Section 12290, for servicing or repair pursuant to subdivision (b) of Section 12290, if the assault weapon is transported as required by Section 12026.1. (d) No person who is under the age of 18 years, no person who is prohibited from possessing a firearm by Section 12021 or 12021.1 of this code, and no person described in Section 8100 or 8103 of the Welfare and Institutions Code may register or possess an assault weapon. (e) The department's registration procedures shall provide the option of joint registration for assault weapons owned by family members residing in the same household. (f) For 90 days following January 1, 1992, a forgiveness period shall exist to allow persons specified in subdivision (b) of Section 12280 to register with the Department of Justice assault weapons that they lawfully possessed prior to June 1, 1989. (g) Any person who registers his or her assault weapon during the 90-day forgiveness period described in subdivision (f), and any person whose registration form was received by the Department of Justice after January 1, 1991, and who was issued a temporary registration prior to the end of the forgiveness period, shall not be charged with a violation of subdivision (b) of Section 12280, if law enforcement becomes aware of that violation only as a result of the registration of the assault weapon. This subdivision shall have no effect upon persons charged with a violation of subdivision (b) of Section 12280 of the Penal Code prior to January 1, 1992, provided that law enforcement was aware of the violation before the weapon was registered. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.