Senate Bill No. 799

Introduced by Committee on Business, Professions and Economic Development (Senators Hill (Chair), Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, and Wieckowski)

March 18, 2015

An act to amend Sections 5070.1, 5087, 6735, 7083, 8508, 8513, 8552, 8611, and 17913 of, and to repeal Section 8516.5 of, the Business and Professions Code, and to amend Section 13995.40 of the Government Code, relating to business and professions.

LEGISLATIVE COUNSEL’S DIGEST

SB 799, as introduced, Committee on Business, Professions and Economic Development. Business and professions.

(1) Existing law provides that an accountant whose license was canceled by operation of law, after nonrenewal, as specified, may, upon application to the board and meeting specified requirements, have his or her license placed into a retired status.

This bill would prohibit the California Board of Accountancy from restoring that license in retired status to active or inactive status and instead would require the individual to apply for a new license in order to restore his or her license.

(2) Existing law authorizes the California Board of Accountancy to issue a certified public account (CPA) license to an applicant who holds a valid and unrevoked CPA license in another state, under specified conditions.

This bill would require that an out-of-state applicant hold a current, active, and unrestricted CPA license in order to be issued a CPA license under this provision.

(3) The Professional Engineers Act provides for the regulation and licensure of professional engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. A violation of the licensing provisions of the act is a misdemeanor. Existing law requires all civil engineering plans, calculations, specifications, and reports to be prepared by, or under the responsible charge of, a licensed civil engineer, as specified. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all public school structures to be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all hospitals and other medical facilities having surgery and emergency treatment areas to be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.

This bill would repeal the requirements that all civil engineering plans and other specified documents for construction of public school structures be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. The bill would also repeal the requirements that all civil engineering plans and other specified documents for construction of specified hospital and medical facilities be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.

(4) The California Constitution provides that laborers of every class who have worked upon or have furnished material for a property have a lien upon that property for the value of the labor done and material furnished. The California Constitution requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. Existing law requires specified structural pest control operators to provide notice regarding possible liens, as specified, to the owner of property prior to entering into a contract to provide work on that property. A violation of these provisions is a misdemeanor.

This bill would extend the notice requirements to all structural pest control operators.

(5) Existing law requires a structural pest control operator to provide a report detailing the results of an inspection for wood destroying pests or organisms prior to commencing work on a contract or expressing an opinion regarding the presence or absence of wood destroying pests or organisms, to the Structural Pest Control Board, within the Department of Consumer Affairs, as specified. Existing law requires that the pest control operator deliver a copy of the report to the person requesting inspection, or designated agent, within 10 business days of the inspection. Existing law requires a pest control operator to deliver a copy of that report to the owner or the owner’s agent within 10 working days of an inspection.

This bill would remove the requirement that the pest control operator provide the owner of the property or the owner’s agent with a copy of the report, unless the owner was the person who requested the inspection.

(6) Existing law creates the California Travel and Tourism Commission and provides for the membership and meetings of the commission.

This bill would specify that all meetings of the commission take place in California and would authorize commissioners to attend meetings of the commission by conference telephone or other technology, as specified.

(7) Because this bill would expand the definition 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 5070.1 of the Business and Professions
Code is amended to read:

5070.1.  

(a) The board may establish, by regulation, a system
for the placement of a license into a retired status, upon application,
for certified public accountants and public accountants who are
not actively engaged in the practice of public accountancy or any
activity begin delete which end delete begin insert that end insert requires them to be licensed by the board.

(b) No licensee with a license in a retired status shall engage in
any activity for which a permit is required.

(c) The board shall deny an applicant’s application to place a
license in a retired status if the permit is subject to an outstanding
order of the board, is suspended, revoked, or otherwise punitively
restricted by the board, or is subject to disciplinary action under
this chapter.

(d) (1) The holder of a license that was canceled pursuant to
Section 5070.7 may apply for the placement of that license in a
retired status pursuant to subdivision (a).

(2) Upon approval of an application made pursuant to paragraph
(1), the board shall reissue that license in a retired status.

(3) The holder of a canceled license that was placed in retired
status between January 1, 1994, and January 1, 1999, inclusive,
shall not be required to meet the qualifications established pursuant
to subdivision (e), but shall be subject to all other requirements of
this section.

(e) The board shall establish minimum qualifications to place
a license in retired status.

(f) The board may exempt the holder of a license in a retired
status from the renewal requirements described in Section 5070.5.

(g) The board shall establish minimum qualifications for the
restoration of a license in a retired status to an active status. These
minimum qualifications shall include, but are not limited to,
continuing education and payment of a fee as provided in
subdivision (h) of Section 5134.

begin insert

(h) The board shall not restore to active or inactive status a
license that was canceled by operation of law, pursuant to
subdivision (a) of Section 5070.7, and then placed into retired
status pursuant to subdivision (d). The individual shall instead
apply for a new license, as described in subdivision (c) of Section
5070.7, in order to restore his or her license.

end insert

SEC. 2.  

Section 5087 of the Business and Professions Code is
amended to read:

5087.  

(a) The board may issue a certified public accountant
license to any applicant who is a holder of a begin delete valid and unrevoked end delete
begin insert current, active, and unrestricted end insert certified public accountant license
issued under the laws of any state, if the board determines that the
standards under which the applicant received the license are
substantially equivalent to the standards of education, examination,
and experience established under this chapter and the applicant
has not committed acts or crimes constituting grounds for denial
under Section 480. To be authorized to sign reports on attest
engagements, the applicant shall meet the requirements of Section
5095.

(b) The board may in particular cases waive any of the
requirements regarding the circumstances in which the various
parts of the examination were to be passed for an applicant from
another state.

SEC. 3.  

Section 6735 of the Business and Professions Code is
amended to read:

6735.  

(a) All civil (including structural and geotechnical)
engineering plans, calculations, specifications, and reports
(hereinafter referred to as “documents”) shall be prepared by, or
under the responsible charge of, a licensed civil engineer and shall
include his or her name and license number. Interim documents
shall include a notation as to the intended purpose of the document,
such as “preliminary,” “not for construction,” “for plan check
only,” or “for review only.” All civil engineering plans and
specifications that are permitted or that are to be released for
construction shall bear the signature and seal or stamp of the
licensee and the date of signing and sealing or stamping. All final
civil engineering calculations and reports shall bear the signature
and seal or stamp of the licensee, and the date of signing and
sealing or stamping. If civil engineering plans are required to be
signed and sealed or stamped and have multiple sheets, the
signature, seal or stamp, and date of signing and sealing or
stamping shall appear on each sheet of the plans. If civil
engineering specifications, calculations, and reports are required
to be signed and sealed or stamped and have multiple pages, the
signature, seal or stamp, and date of signing and sealing or
stamping shall appear at a minimum on the title sheet, cover sheet,
or signature sheet.

begin delete

(b) (1) All civil engineering plans, calculations, specifications,
and reports for the construction of structures described in paragraph
(2) shall be prepared by, or under the responsible charge of, a
licensed architect holding a valid certificate under Chapter 3
(commencing with Section 5500) or a licensed civil engineer who
is also licensed as a structural engineer in accordance with Section
6736.

(2) All public school structures, as provided under Chapter 3
(commencing with Section 17251) of Part 10.5 of Division 1 of
Title 1 of the Education Code.

(c) (1) All civil engineering plans, calculations, specifications,
and reports for the construction of the structures described in
paragraph (2) shall be prepared by, or under the responsible charge
of, a licensed civil engineer who is also licensed as a structural
engineer in accordance with Section 6736.

(2) Hospitals and other medical facilities having surgery and
emergency treatment areas, as provided under Part 7 (commencing
with Section 129675) of Division 107 of the Health and Safety
Code.

end delete begin delete

(d)

end delete

begin insert (b) end insert  Notwithstanding subdivision begin delete (a) or (b), end delete begin insert (a), end insert a licensed civil
engineer who signs civil engineering documents shall not be
responsible for damage caused by subsequent changes to or uses
of those documents, if the subsequent changes or uses, including
changes or uses made by state or local governmental agencies, are
not authorized or approved by the licensed civil engineer who
originally signed the documents, provided that the engineering
service rendered by the civil engineer who signed the documents
was not also a proximate cause of the damage.

SEC. 4.  

Section 7083 of the Business and Professions Code is
amended to read:

7083.  

begin delete All end delete begin insert (a) end insert begin insert   end insert begin insert Notwithstanding any other law, end insert licensees shall
notify the registrar, on a form prescribed by the registrar, in writing
within 90 days of any change to information recorded under this
chapter. This notification requirement shall include, but not be
limited to, changes in business address, personnel, business name,
qualifying individual bond exemption pursuant to Section 7071.9,
or exemption to qualify multiple licenses pursuant to Section
7068.1.

begin delete

Failure

end delete

begin insert (b) end insert begin insert   end insert begin insert Failure end insert of the licensee to notify the registrar of any change
to information within 90 days shall cause the change to be effective
the date the written notification is received at the board’s
headquarters office.

begin delete

Failure

end delete

begin insert (c) end insert begin insert   end insert begin insert Failure end insert to notify the registrar of the changes within the 90
days is grounds for disciplinary action.

SEC. 5.  

Section 8508 of the Business and Professions Code is
amended to read:

8508.  

“Household” means any structure and its contents begin delete which end delete
begin insert that end insert are used for begin delete man end delete begin insert persons end insert and begin delete his end delete begin insert their end insert convenience.

SEC. 6.  

Section 8513 of the Business and Professions Code is
amended to read:

8513.  

(a) The board shall prescribe a form entitled “Notice to
Owner” that shall describe, in nontechnical language and in a clear
and coherent manner using words with common and everyday
meaning, the pertinent provisions of this state’s mechanics lien
laws and the rights and responsibilities of an owner of property
and a registered pest control company thereunder. Each company
registered under this chapter, prior to entering into a contract with
an owner for work for which a company registration is required,
shall give a copy of this “Notice to Owner” to the owner, his or
her agent, or the payer.

(b) No company that is required to be registered under this
chapter shall require or request a waiver of lien rights from any
subcontractor, employee, or supplier.

(c) Each company registered under this chapter that acts as a
subcontractor for another company registered under this chapter
shall, within 20 days of commencement of any work for which a
company registration is required, give the preliminary notice in
accordance with Chapter 2 (commencing with Section 8200) of
Title 2 of Part 6 of Division 4 of the Civil Code, to the owner, his
or her agent, or the payer.

(d) Each company registered under this chapter that acts as a
prime contractor for work for which a company registration is
required shall, prior to accepting payment for the work, furnish to
the owner, his or her agent, or the payer a full and unconditional
release from any claim of mechanics lien by any subcontractor
entitled to enforce a mechanics lien pursuant to Section 8410 of
the Civil Code.

(e) Each company registered under this chapter that subcontracts
to another company registered under this chapter work for which
a company registration is required shall furnish to the subcontractor
the name of the owner, his or her agent, or the payer.

begin delete

(f) The provisions of this section shall be applicable only to
those registered companies, as defined in Section 8506.1, operating
pursuant to a Branch 1 or Branch 3 registration.

end delete begin delete

(g)

end delete

begin insert (f) end insert  A violation of the provisions of this section is a ground for
disciplinary action.

SEC. 7.  

Section 8516.5 of the Business and Professions Code
is repealed.

begin delete

8516.5.  

Any registered company that makes an inspection of
any property relating to the absence or presence of wood destroying
pests or organisms on such property and makes a report of such
inspection shall furnish a copy of the report either to the owner of
the property or to the agent of the owner, within 10 working days
after the date the inspection is commenced, except an inspection
report prepared for use by an attorney for litigation is not required
to be furnished.

end delete

SEC. 8.  

Section 8552 of the Business and Professions Code is
amended to read:

8552.  

It is unlawful for any person to advertise or represent in
any manner that any pest control work, in whole or in part, has
been done upon any structure, unless the work has been performed
by a begin delete company registered under end delete begin insert registered company, except as
otherwise provided in end insert this chapter.

SEC. 9.  

Section 8611 of the Business and Professions Code is
amended to read:

8611.  

begin insert (a) end insert begin insert   end insert Each branch office shall have a branch supervisor
designated by the registered company to supervise and assist the
company’s employees who are located at that branch. The branch
supervisor shall be an individual who is licensed by the board as
an operator or a field representative begin insert in the branch or branches of
business being conducted end insert and his or her license shall be
prominently displayed in the branch office.

begin delete

If

end delete

begin insert (b) end insert begin insert   end insert begin insert If end insert a branch supervisor ceases for any reason to be connected
with a registered company, the company shall notify the registrar
in writing within 10 days from that cessation. If this notice is given,
the company’s branch office registration shall remain in force for
a reasonable length of time to be determined by rules of the board,
during which period the company shall submit to the registrar in
writing the name of another qualified branch supervisor.

SEC. 10.  

Section 17913 of the Business and Professions Code
is amended to read:

17913.  

(a) The fictitious business name statement shall contain
all of the information required by this subdivision and shall be
substantially in the following form:

 

FICTITIOUS BUSINESS NAME STATEMENT
The following person (persons) is (are) doing business as
*
at **    :
***
This business is conducted by ****
The registrant commenced to transact business under the fictitious business name or names listed above on
*****
I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).)
Registrant signature
Statement filed with the County Clerk of ____ County on

 

NOTICE--IN ACCORDANCE WITH SUBDIVISION (a) OF
SECTION 17920, A FICTITIOUS NAME STATEMENT
GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM
THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF
THE COUNTY CLERK, EXCEPT, AS PROVIDED IN
SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES
40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH
IN THE STATEMENT PURSUANT TO SECTION 17913
OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS
OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS
NAME STATEMENT MUST BE FILED BEFORE THE
EXPIRATION.

THE FILING OF THIS STATEMENT DOES NOT OF ITSELF
AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS
BUSINESS NAME IN VIOLATION OF THE RIGHTS OF
ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW
(SEE SECTION 14411 ET SEQ., BUSINESS AND
PROFESSIONS CODE).

(b) The fictitious business name statement shall contain the
following information set forth in the manner indicated in the form
provided by subdivision (a):

(1) Where the asterisk (*) appears in the form, insert the
fictitious business name or names. Only those businesses operated
at the same address and under the same ownership may be listed
on one fictitious business name statement.

(2) Where the two asterisks (**) appear in the form: If the
registrant has a place of business in this state, insert the street
address, and county, of his or her principal place of business in
this state. If the registrant has no place of business in this state,
insert the street address, and county, of his or her principal place
of business outside this state.

(3) Where the three asterisks (***) appear in the form: If the
registrant is an individual, insert his or her full name and residence
address. If the registrants are a married couple, insert the full name
and residence address of both parties to the marriage. If the
registrant is a general partnership, copartnership, joint venture, or
limited liability partnership, insert the full name and residence
address of each general partner. If the registrant is a limited
partnership, insert the full name and residence address of each
general partner. If the registrant is a limited liability company,
insert the name and address of the limited liability company, as
set out in its articles of organization on file with the California
Secretary of State, and the state of organization. If the registrant
is a trust, insert the full name and residence address of each trustee.
If the registrant is a corporation, insert the name and address of
the corporation, as set out in its articles of incorporation on file
with the California Secretary of State, and the state of
incorporation. If the registrants are state or local registered
domestic partners, insert the full name and residence address of
each domestic partner. If the registrant is an unincorporated
association other than a partnership, insert the name of each person
who is interested in the business of the association and whose
liability with respect to the association is substantially the same
as that of a general partner.

(4) Where the four asterisks (****) appear in the form, insert
whichever of the following best describes the nature of the
business: (i) “an individual,” (ii) “a general partnership,” (iii) “a
limited partnership,” (iv) “a limited liability company,” (v) “an
unincorporated association other than a partnership,” (vi) “a
corporation,” (vii) “a trust,” (viii) “copartners,” (ix) “ a married
couple,” (x) “joint venture,” (xi) “state or local registered domestic
partners,” or (xii) “a limited liability partnership.”

(5) Where the five asterisks (*****) appear in the form, insert
the date on which the registrant first commenced to transact
business under the fictitious business name or names listed, if
already transacting business under that name or names. If the
registrant has not yet commenced to transact business under the
fictitious business name or names listed, insert the statement, “Not
applicable.”

(c) The registrant shall declare that all of the information in the
fictitious business statement is true and correct. A registrant who
declares as true any material matter pursuant to this section that
the registrant knows to be false is guilty of a misdemeanor
punishable by a fine not to exceed one thousand dollars ($1,000).

(d) (1) At the time of filing of the fictitious business name
statement, the registrant filing on behalf of the registrant shall
present personal identification in the form of a California driver’s
license or other government identification acceptable to the county
clerk to adequately determine the identity of the registrant filing
on behalf of the registrant as provided in subdivision (e) and the
county clerk may require the registrant to complete and sign an
affidavit of identity.

(2) In the case of a registrant utilizing an agent for submission
of the registrant’s fictitious business name statement for filing, at
the time of filing of the fictitious business name statement, the
agent filing on behalf of the registrant shall present personal
identification in the form of a California driver’s license or other
government identification acceptable to the county clerk to
adequately determine the identity of the agent filing on behalf of
the registrant as provided in subdivision (e). The county clerk may
also require the agent to submit a notarized statement signed by
the registrant declaring the registrant has authorized the agent to
submit the filing on behalf of the registrant.

(e) If the registrant is a corporation, a limited liability company,
a limited partnership, or a limited liability partnership, the county
clerk may require documentary evidence issued by the begin insert California end insert
Secretary of State and deemed acceptable by the county clerk,
indicating the current existence and good standing of that business
entity to be attached to a completed and notarized affidavit of
identity, for purposes of subdivision (d).

(f) The county clerk may require a registrant that mails a
fictitious business name statement to a county clerk’s office for
filing to submit a completed and notarized affidavit of identity. A
registrant that is a corporation, limited liability company, limited
partnership, or limited liability partnership, if required by the
county clerk to submit an affidavit of identity, shall also submit
documentary evidence issued by the begin insert California end insert Secretary of State
indicating the current existence and good standing of that business
entity.

(g) A county clerk that chooses to establish procedures pursuant
to this section shall prescribe the form of affidavit of identity for
filing by a registrant in that county.

SEC. 11.  

Section 13995.40 of the Government Code is amended
to read:

13995.40.  

(a) Upon approval of the initial referendum, the
office shall establish a nonprofit mutual benefit corporation named
the California Travel and Tourism Commission. The commission
shall be under the direction of a board of commissioners, which
shall function as the board of directors for purposes of the
Nonprofit Corporation Law.

(b) The board of commissioners shall consist of 37
commissioners comprising the following:

(1) The director, who shall serve as chairperson.

(2) (A) Twelve members, who are professionally active in the
tourism industry, and whose primary business, trade, or profession
is directly related to the tourism industry, shall be appointed by
the Governor. Each appointed commissioner shall represent only
one of the 12 tourism regions designated by the office, and the
appointed commissioners shall be selected so as to represent, to
the greatest extent possible, the diverse elements of the tourism
industry. Appointed commissioners are not limited to individuals
who are employed by or represent assessed businesses.

(B) If an appointed commissioner ceases to be professionally
active in the tourism industry or his or her primary business, trade,
or profession ceases to be directly related to the tourism industry,
he or she shall automatically cease to be an appointed
commissioner 90 days following the date on which he or she ceases
to meet both of the eligibility criteria specified in subparagraph
(A), unless the commissioner becomes eligible again within that
90-day period.

(3) Twenty-four elected commissioners, including at least one
representative of a travel agency or tour operator that is an assessed
business.

(c) The commission established pursuant to Section 15364.52
shall be inoperative so long as the commission established pursuant
to this section is in existence.

(d) Elected commissioners shall be elected by industry category
in a referendum. Regardless of the number of ballots received for
a referendum, the nominee for each commissioner slot with the
most weighted votes from assessed businesses within that industry
category shall be elected commissioner. In the event that an elected
commissioner resigns, dies, or is removed from office during his
or her term, the commission shall appoint a replacement from the
same industry category that the commissioner in question
represented, and that commissioner shall fill the remaining term
of the commissioner in question. The number of commissioners
elected from each industry category shall be determined by the
weighted percentage of assessments from that category.

(e) The director may remove any elected commissioner
following a hearing at which the commissioner is found guilty of
abuse of office or moral turpitude.

(f) (1) The term of each elected commissioner shall commence
July 1 of the year next following his or her election, and shall
expire on June 30 of the fourth year following his or her election.
If an elected commissioner ceases to be employed by or with an
assessed business in the category and segment which he or she
was representing, his or her term as an elected commissioner shall
automatically terminate 90 days following the date on which he
or she ceases to be so employed, unless, within that 90-day period,
the commissioner again is employed by or with an assessed
business in the same category and segment.

(2) Terms of elected commissioners that would otherwise expire
effective December 31 of the year during which legislation adding
this subdivision is enacted shall automatically be extended until
June 30 of the following year.

(g) With the exception of the director, no commissioner shall
serve for more than two consecutive terms. For purposes of this
subdivision, the phrase “two consecutive terms” shall not include
partial terms.

(h) Except for the original commissioners, all commissioners
shall serve four-year terms. One-half of the commissioners
originally appointed or elected shall serve a two-year term, while
the remainder shall serve a four-year term. Every two years
thereafter, one-half of the commissioners shall be appointed or
elected by referendum.

(i) The selection committee shall determine the initial slate of
candidates for elected commissioners. Thereafter the
commissioners, by adopted resolution, shall nominate a slate of
candidates, and shall include any additional candidates complying
with the procedure described in Section 13995.62.

(j) The commissioners shall elect a vice chairperson from the
elected commissioners.

(k) The commission may lease space from the office.

(l) The commission and the office shall be the official state
representatives of California tourism.

begin delete

(m) A California location shall be available for all commission
meetings.

end delete begin insert

(m) (1) All commission meetings shall be held in California.

end insert begin insert

(2) Commissioners may participate in meetings by means of
conference telephone and other technology, as authorized pursuant
to paragraph (6) of subdivision (a) of Section 7211 of the
Corporations Code.

end insert

(n) No person shall receive compensation for serving as a
commissioner, but each commissioner shall receive reimbursement
for reasonable expenses incurred while on authorized commission
business.

(o) Assessed businesses shall vote only for commissioners
representing their industry category.

(p) Commissioners shall comply with the requirements of the
Political Reform Act of 1974 (Title 9 (commencing with Section
81000)). The Legislature finds and declares that commissioners
appointed or elected on the basis of membership in a particular
tourism segment are appointed or elected to represent and serve
the economic interests of those tourism segments and that the
economic interests of these members are the same as those of the
public generally.

(q) Commission meetings shall be subject to the requirements
of the Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1).

(r) The executive director of the commission shall serve as
secretary to the commission, a nonvoting position, and shall keep
the minutes and records of all commission meetings.

SEC. 12.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.