Bill Text: CA SB778 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Automotive repair: oil changes: notification to customers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB778 Detail]

Download: California-2015-SB778-Amended.html

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BILL NUMBER: SB 778	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 23, 2016
	AMENDED IN ASSEMBLY  JUNE 9, 2016
	AMENDED IN SENATE  JANUARY 4, 2016
	AMENDED IN SENATE  APRIL 20, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Allen

                        FEBRUARY 27, 2015

   An act to amend  Section 9880.1   Sections
9880 9880.1, and 9886.3  of, and to add  Article 3.5
(commencing with Section 9884.23) and  Article 12 (commencing
with Section 9890) to Chapter 20.3 of Division 3 of, the Business and
Professions Code, relating to professions and vocations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 778, as amended, Allen. Automotive repair: oil changes:
notification to customers.
   Existing law, the Automotive Repair Act, provides for the
registration and regulation of automotive repair dealers by the
Bureau of Automotive  Repair,   Repair (bureau),
 which is under the supervision and control of the Director of
Consumer  Affairs.   Affairs (director). 
Existing law requires repair dealers to give the customer a written
estimated price for labor and parts necessary for a specific job.
Existing law defines terms for purposes of these provisions. Existing
law makes a violation of that act, except as specified, punishable
as a misdemeanor.
   This bill would  recast these provisions as the Automotive
Repair and Maintenance Act and would provide for the registration and
regulation of automotive maintenance providers, as defined, in a
manner similar to the provisions reg   arding automotive
repair dealers. The bill would establish fee requirements as well as
procedures to be implemented by the director for granting,
suspending, or revoking the registration of an automotive maintenance
provider. The bill would require an automotive maintenance provider
to provide a customer with a detailed written invoice for work
performed and to maintain records specified by regulations adopted
under these provisions. The bill would require the bureau to design
and approve a sign to be placed in each automotive provider location
containing information for contacting the bureau if the customer has
  questions about the service provided. The bill would 
require an automotive repair dealer  or an automotive
maintenance provider  performing oil change services to use the
manufacturer's published oil drain schedule, except as specified,
when recommending an oil change to a customer. The bill would require
that an automotive repair dealer  or automotive maintenance
provider  include a written explanation for any recommendation
for oil change at an interval other than the interval recommended by
the manufacturer, and to include a specified notice to the customer
with regard to the manufacturer's published oil change
recommendations. The bill would permit a customer to choose any oil
drain interval that he or she chooses and have that interval
reflected in any future recommendations by the automotive repair
 dealer. The bill would expand the definition of "repair of
motor vehicles" to include lubricating vehicles and replacing oil
filters and would specify that a person who performs these services
is an "automotive technician."   dealer or automotive
maintenance provider.  The bill would  also define other
  define various  terms for purposes of these
provisions. The bill would expand the definition of an existing crime
by  placing new requirements on automotive repair dealers,
  including automotive maintenance providers within
these provisions,  thereby imposing 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.  The Legislature finds and declares all of the
following:
   (a) Used automotive oil is one of the largest sources of hazardous
waste generated in California. While California has a robust
recycling program in place, about 40 percent of automotive oil can
never be collected for recycling because it is lost in use, either
burned in the combustion chamber or dripped onto streets and parking
lots. Of the oil that is collected, only a small percentage is
actually rerefined into new automotive oil.
   (b) Oil quality and engine technology have evolved significantly
in recent years. New motor oil formulations reduce repairs, prolong
engine life, improve fuel economy, and enable significantly longer
oil change intervals than outdated 3,000-mile-oil-change marketing
campaigns.
   (c) Most automakers currently specify oil change intervals at
either 7,500 or 10,000  miles,   miles for late
model vehicles operated under normal conditions,  with intervals
as high as 15,000 miles in some cars. Motor oils that meet current
 industry standards, such as those specified by the 
American Petroleum Institute (API)  or  standards 
specified by the manufacturer,  will have the capability to meet
current automaker oil change interval recommendations. 
   (d) Vehicle manufacturers may specify shorter oil change intervals
for older vehicles or vehicles operated under severe conditions,
including, but not limited to, extreme hot or cold temperatures,
extensive idling in stop-and-go traffic, frequent short trips,
hauling heavy loads, and towing.  
   (d) 
    (e)  Changing oil more often than what is specified
 by the automaker in the vehicle's owner's manual 
 in the vehicle manufacturer's published maintenance schedule
 wastes oil and money and compounds the environmental impact,
especially to water. 
   (e)
    (f)  It is the intent of the Legislature to ensure that
the oil drain interval recommended by an automotive repair dealer
 or an automotive maintenance provider  be in accordance
with the  vehicle manufacturer's published  maintenance
schedule  of the vehicle's owner's manual and with the
recommended oil grade and viscosity  in order to prevent
deceiving or misleading consumers with unnecessary and costly oil
changes. 
   (f) 
    (g)  It is further the intent of the Legislature to
source-reduce the amount of used automotive oil that is generated in
California in order to reduce our dependence on petroleum products,
avoid damage to the environment and threats to public health, and be
consistent with the state's hierarchy for waste management practices
pursuant to Section 40051 of the Public Resources Code.
   SEC. 2.    Section 9880 of the   Business
and Professions Code   is amended to read: 
   9880.  This chapter constitutes the chapter on automotive repair
 dealers.   dealers and automotive maintenance
providers.  It may be cited as the Automotive Repair  and
Maintenance  Act.
   SEC. 2.   SEC. 3.   Section 9880.1 of
the Business and Professions Code is amended to read:
   9880.1.  The following definitions apply for the purposes of this
chapter:
   (a) "Automotive repair dealer" means a person who, for
compensation, engages in the business of repairing or diagnosing
malfunctions of motor vehicles.
   (b) "Chief" means the Chief of the Bureau of Automotive Repair.
   (c) "Bureau" means the Bureau of Automotive Repair.
   (d) "Motor vehicle" means a passenger vehicle required to be
registered with the Department of Motor Vehicles and all motorcycles
whether or not required to be registered by the Department of Motor
Vehicles.
   (e) "Repair of motor vehicles" means all maintenance of and
repairs to motor vehicles performed by an automotive repair dealer
including automotive body repair work, but excluding those repairs
made pursuant to a commercial business agreement and also excluding
repairing tires, changing tires,  lubricating vehicles, 
installing light bulbs, batteries, windshield wiper blades and other
minor accessories, cleaning, adjusting, and replacing spark plugs,
replacing fan belts,  oil, and  air filters, and other minor
services, which the director, by regulation, determines are
customarily performed by gasoline service stations.
   No service shall be designated as minor, for purposes of this
section, if the director finds that performance of the service
requires mechanical expertise, has given rise to a high incidence of
fraud or deceptive practices, or involves a part of the vehicle
essential to its safe operation.
   (f) "Person" includes firm, partnership, association, limited
liability company, or corporation.
   (g) An "automotive technician" is an employee of an automotive
repair dealer or is that dealer, if the employer or dealer repairs
motor vehicles and who for salary or wage performs maintenance,
diagnostics, repair, removal, or installation of any integral
component parts of an engine, driveline, chassis or body of any
vehicle, but excluding repairing tires, changing tires, 
lubricating vehicles,  installing light bulbs, batteries,
windshield wiper blades, and other minor accessories; cleaning,
replacing fan belts, air filters; and other minor services which the
director, by regulation, determines are customarily performed by a
gasoline service station.
   (h) "Director" means the Director of Consumer Affairs.
   (i) "Commercial business agreement" means an agreement, whether in
writing or oral, entered into between a business or commercial
enterprise and an automobile repair dealer, prior to the repair which
is requested being made, which agreement contemplates a continuing
business arrangement under which the automobile repair dealer is to
repair any vehicle covered by the agreement, but does not mean any
warranty or extended service agreement normally given by an
automobile repair facility to its customers.
   (j) "Customer" means the person presenting a motor vehicle for
repair and authorizing the repairs to that motor vehicle. "Customer"
shall not mean the automotive repair dealer providing the repair
services or an insurer involved in a claim that includes the motor
vehicle being repaired or an employee or agent or a person acting on
behalf of the dealer or insurer. 
   (k) "Automotive maintenance provider" means a person who, for
compensation, engages in the business of the preventative automotive
maintenance services associated with fluid and filter changes, fluid
treatments, and belt and windshield wiper blade replacement. 
   SEC. 4.    Article 3.5 (commencing with Section
9884.23) is added to Chapter 20.3 of Division 3 of the  
Business and Professions Code   , to read:  

      Article 3.5.  Automotive Maintenance Provider Registration


   9884.23.  (a) An automotive maintenance provider shall pay the fee
required by this chapter for each place of business operated by the
provider in this state and shall register with the director upon
forms prescribed by the director. The forms shall contain sufficient
information to identify the automotive maintenance provider,
including name, address of each location, a statement by the provider
that each location is in an area that, pursuant to local zoning
ordinances, permits the operation of a facility for the maintenance
of motor vehicles, the provider's retail seller's permit number, if a
permit is required under the Sales and Use Tax Law (Part 1
(commencing with Section 6001) of Division 2 of the Revenue and
Taxation Code), and other identifying data that are prescribed by the
director. If the business is to be carried on under a fictitious
name, the fictitious name shall be stated. To the extent prescribed
by the director, an automotive maintenance provider shall identify
the owners, directors, officers, partners, members, trustees,
managers, and any other persons who directly or indirectly control or
conduct the business. The forms shall include a statement signed by
the provider under penalty of perjury that the information provided
is true.
   (b) A state agency is not authorized or required by this section
to enforce a city, county, regional, air pollution control district,
or air quality management district rule or regulation regarding the
site or operation of a facility that provides maintenance to motor
vehicles.
   9884.24.  A business maintaining more than one automotive
maintenance facility shall be permitted to file a single application
annually that, along with the other information required by this
chapter, clearly indicates the location of, and the individual in
charge of, each facility. In that case, fees shall be paid for each
location.
   9884.25.  Upon receipt of the properly completed form and the
required fee, the director shall issue the registration and send a
proof of issuance to the automotive maintenance provider. The
director shall by regulation prescribe conditions that he or she
determines are necessary to ensure future compliance with the parts
of this chapter specific to automotive maintenance providers,
pursuant to which a person whose registration has previously been
revoked or denied or who has committed acts prohibited by Section
9884.30 while an automotive maintenance provider or automotive
technician, or while an employee, partner, officer, or member of an
automotive maintenance provider, may have his or her registration
issued.
   9884.26.  Every automotive maintenance provider registration shall
cease to be valid one year from the last day of the month in which
registration was issued unless the automotive maintenance provider
has paid the renewal fee required by this chapter.
   9884.27.  An automotive maintenance provider registration shall
cease to be valid when the director finds that any of the information
provided by the form specified in Section 9884.23 for automotive
maintenance providers, which the director by regulation deems
material, ceases to be current.
   9884.28.  An automotive maintenance provider registration that is
not renewed within three years following its expiration shall not be
renewed, restored, or reinstated thereafter, and the delinquent
registration shall be canceled immediately upon expiration of the
three-year period.
   An automotive maintenance provider whose registration has been
canceled by operation of this section shall obtain a new registration
only if he or she again meets the requirements set forth in this
chapter relating to registration, is not subject to denial under
Section 480, and pays the applicable fees.
   An expired registration may be renewed at any time within three
years after its expiration upon the filing of an application for
renewal on a form prescribed by the bureau and the payment of all
accrued renewal and delinquency fees. Renewal under this section
shall be effective on the date on which the application is filed and
all renewal and delinquency fees are paid. If so renewed, the
registration shall continue in effect through the expiration date of
the current registration year as provided in Section 9884.26, at
which time the registration shall be subject to renewal.
   9884.29.  It is unlawful for any person to be an automotive
maintenance provider unless that person has registered in accordance
with this chapter and unless that registration is currently valid.
   9884.30.  (a) The director, where the automotive maintenance
provider cannot show there was a bona fide error, may deny, suspend,
revoke, or place on probation the registration of an automotive
maintenance provider for any of the following acts or omissions
related to the conduct of the business of the automotive maintenance
provider that are performed by the automotive maintenance provider or
any automotive technician, employee, partner, officer, or member of
the automotive maintenance provider.
   (1) Making or authorizing in any manner or by any means whatever
any statement written or oral which is untrue or misleading and which
is known, or which by the exercise of reasonable care should be
known, to be untrue or misleading.
   (2) Any other conduct that constitutes fraud.
   (3) Conduct constituting gross negligence.
   (4) Failure in any material respect to comply with the provisions
of this chapter specific to automotive maintenance providers or
regulations adopted pursuant to it.
   (5) Any willful departure from or disregard of accepted trade
standards for automotive maintenance in any material respect.
   (6) Making false promises of a character likely to influence,
persuade, or induce a customer to authorize the maintenance of
automobiles.
   (7) Upon denying a registration, the director shall notify the
applicant thereof, in writing, by personal service or mail addressed
to the address of the applicant set forth in the application, and the
applicant shall be given a hearing under Section 9884.33 if, within
30 days thereafter, he or she files with the bureau a written request
for a hearing; otherwise the denial is deemed affirmed.
   (b) Except as provided for in subdivision (c), if an automotive
maintenance provider operates more than one place of business in this
state, the director pursuant to subdivision (a) shall only suspend,
revoke, or place on probation the registration of the specific place
of business which has violated any of the provisions of this chapter.
This violation, or action by the director, shall not affect in any
manner the right of the automotive maintenance provider to operate
his or her other places of business.
   (c) Notwithstanding subdivision (b), the director may suspend,
revoke, or place on probation the registration for all places of
business operated in this state by an automotive maintenance provider
upon a finding that the provider has, or is, engaged in a course of
repeated and willful violations of this chapter specific to
automotive maintenance providers or regulations adopted pursuant to
it.
   9884.31.  All work done by an automotive maintenance provider
shall be recorded on an invoice and shall describe all service work
done and parts supplied. Service work and parts shall be listed
separately on the invoice, which shall also state separately the
subtotal prices for service work and for parts, not including sales
tax, and shall state separately the sales tax, if any, applicable to
each. One copy of the invoice shall be given to the customer and one
copy shall be retained either in hard copy or digitally by the
automotive maintenance provider.
   9884.32.  Each automotive maintenance provider shall maintain any
records that are required by regulations adopted to carry out the
parts of this chapter specific to automotive maintenance providers.
Those records shall be open for reasonable inspection by the chief or
other law enforcement officials. All of those records shall be
maintained for at least three years.
   9884.33.  All proceedings to deny, suspend, revoke, or place on
probation a registration of an automotive maintenance provider shall
be conducted pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code.
   9884.34.  The expiration of a valid registration shall not prevent
the director or chief of jurisdiction from proceeding with any
investigation or disciplinary proceeding against an automotive
maintenance provider or rendering a decision invalidating a
registration temporarily or permanently.
   9884.35.  The superior court in and for the county wherein any
person carries on, or attempts to carry on, a business as an
automotive maintenance provider or as an automotive technician in
violation of the provisions of this chapter specific to automotive
maintenance providers or any regulation made pursuant to this chapter
shall, on application of the director or the chief, issue an
injunction or other appropriate order restraining such conduct. This
section shall be cumulative to and shall not prohibit the enforcement
of any other law.
   The proceedings under this section shall be governed by Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure, except that the director or chief shall not be
required to allege facts necessary to show or tending to show lack of
an adequate remedy at law or irreparable injury.
   9884.36.  The director may file charges with the district attorney
or city attorney against any automotive maintenance provider who
violates the provisions of this chapter specific to automotive
maintenance providers or any regulation made pursuant to the
provisions of this chapter specific to automotive maintenance
providers.
   9884.37.  The bureau shall design and approve of a sign which
shall be placed in all automotive maintenance provider locations in a
place and manner conspicuous to the public. That sign shall give
notice that inquiries concerning service may be made to the bureau
and shall contain the telephone number and Internet Web site address
of the bureau. The sign shall also give notice that the customer is
entitled to a return of replaced parts upon his or her request at the
time the work order is taken.
   9884.38.  Nothing in the provisions of this chapter shall prohibit
the bringing of a civil action against an automotive maintenance
provider by an individual.
   9884.39.  The bureau may adopt, amend, or repeal in accordance
with the provisions of Chapter 4.5 (commencing with Section 11400) of
Part 1 of Division 3 of Title 2 of the Government Code such
regulations as may be reasonably necessary to carry out the
provisions of this chapter specific to automotive maintenance
providers in the protection of the public from fraudulent or
misleading advertising by an automotive maintenance provider,
including the formulation of definitions, to the extent feasible, of
the terms "fraud," "guarantee," and "negligence," and words of like
import, and of guidelines for the suspension and revocation of
licenses. The bureau shall distribute to each registered automotive
maintenance provider copies of this chapter and of the regulations
adopted pursuant to this chapter.
   9884.40.  All accusations against automotive maintenance providers
shall be filed within three years after the performance of the act
or omission alleged as the ground for disciplinary action, except
that with respect to an accusation alleging fraud or
misrepresentation as a ground for disciplinary action, the accusation
may be filed within two years after the discovery, by the bureau, of
the alleged facts constituting the fraud or misrepresentation.
   9884.41.  (a) Notwithstanding any other law, the director may, in
his or her sole discretion, issue a probationary automotive
maintenance provider registration to an applicant subject to terms
and conditions deemed appropriate by the director, including, but not
limited to, the following:
   (1) Continuing medical, psychiatric, or psychological treatment.
   (2) Ongoing participation in a specified rehabilitation program.
   (3) Abstention from the use of alcohol or drugs.
   (4) Compliance with all provisions of this chapter.
   (b) (1) Notwithstanding any other law and for purposes of this
section, when deciding whether to issue a probationary registration
the director shall request that an applicant with a dismissed
conviction provide proof of that dismissal and shall give special
consideration to applicants whose convictions have been dismissed
pursuant to Section 1203.4 or 1203.4a of the Penal Code.
   (2) The director shall also take into account and consider any
other reasonable documents or individual character references
provided by the applicant that may serve as evidence of
rehabilitation as deemed appropriate by the director.
   (c) The director may modify or terminate the terms and conditions
imposed on the probationary registration upon receipt of a petition
from the applicant or registrant.
   (d) For purposes of issuing a probationary registration to
qualified new applicants, the director shall develop standard terms
of probation that shall include, but not be limited to, the
following:
   (1) A three-year limit on the individual probationary
registration.
   (2) A process to obtain a standard registration for applicants who
were issued a probationary registration.
   (3) Supervision requirements.
   (4) Compliance and quarterly reporting requirements.
   9884.42.  (a) Notwithstanding any other law, the director may
revoke, suspend, or deny at any time any automotive maintenance
provider registration required by this chapter on any of the grounds
for disciplinary action provided in this chapter. The proceedings
under this chapter shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the director shall have all the powers
granted therein.
   (b) The director may deny a registration to an applicant on any of
the grounds specified in Section 480.
   (c) In addition to the requirements provided in Sections 485 and
486, upon denial of an application for registration to an applicant,
the director shall provide a statement of reasons for the denial that
does all of the following:
   (1) Evaluates evidence of rehabilitation submitted by the
applicant, if any.
   (2) Provides the director's criteria relating to rehabilitation,
formulated pursuant to Section 482, that takes into account the age
and severity of the offense and the evidence relating to
participation in treatment or other rehabilitation programs.
   (3) If the director's decision was based on the applicant's prior
criminal conviction, justifies the director's denial of a
registration and conveys the reasons why the prior criminal
conviction is substantially related to the qualifications, functions,
or duties of a registered automotive maintenance provider.
   (d) (1) If the denial of a registration is due at least in part to
the applicant's state or federal criminal history record, the
director shall, in addition to the information provided pursuant to
paragraph (3) of subdivision (c), provide to the applicant a copy of
his or her criminal history record if the applicant makes a written
request to the director for a copy, specifying an address to which it
is to be sent.
   (A) The state or federal criminal history record shall not be
modified or altered from its form or content as provided by the
Department of Justice.
   (B) The criminal history record shall be provided in such a manner
as to protect the confidentiality and privacy of the applicant's
criminal history record, and the criminal history record shall not be
made available by the director to any employer.
   (C) The director shall retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
   (2) The director shall make that information available upon
request by the Department of Justice or the Federal Bureau of
Investigation.
   (e) Notwithstanding Section 487, the director shall conduct a
hearing of a registration denial within 90 days of receiving an
applicant's request for a hearing. For all other hearing requests,
the director shall determine when the hearing shall be conducted.
   9884.43.  Notwithstanding any other law, nothing prevents a
business from being registered as both an automotive repair dealer
pursuant to Section 9884 and an automotive maintenance provider
pursuant to Section 9884.23 and from operating as both at the same
facility. 
   SEC. 5.    Section 9886.3 of the   Business
and Professions Code  is amended to read: 
   9886.3.  The fees prescribed by this chapter shall be set by the
director in an amount estimated to provide for the administration of
this chapter within the limits of the following schedule:
   (a) The automotive repair dealer  or automotive maintenance
provider  registration fee is not more than two hundred dollars
 ($200),   ($200)  for each place of
business in this state.
   (b) The annual renewal fee for an automotive repair dealer  or
automotive maintenance provider  registration shall not be more
than two hundred dollars ($200) for each
                 place of business in this state, if renewed prior to
its expiration date.
   (c) The renewal fee for a registration that is not renewed prior
to its expiration date shall be 11/2 times the renewal fee required
for a registration renewal prior to its expiration date, but not more
than the renewal fee plus fifty dollars ($50).
   SEC. 3.   SEC. 6.   Article 12
(commencing with Section 9890) is added to Chapter 20.3 of Division 3
of the Business and Professions Code, to read:

      Article 12.  Oil Change


   9890.  (a) Except as indicated in subdivision (b), if an
automotive repair dealer  or an automotive maintenance provider
 performing oil change services recommends a date or mileage for
an oil drain interval, the recommended date or mileage shall follow
the vehicle manufacturer published maintenance schedule.
   (b) If an automotive repair dealer  or an automotive
maintenance provider  recommends a date or mileage for an oil
drain interval that deviates from the vehicle manufacturer's
published maintenance schedule for reasons, including, but not
limited to, compliance with paragraph (c), the basis for the date or
mileage recommendation shall be noted on the final invoice or on a
document attached to the final invoice.
   (c) Nothing in this section shall be construed as prohibiting the
customer from selecting any date or mileage for an oil drain interval
of his or her choice and having that choice reflected on future
recommendations from an automotive repair  dealer. 
 dealer or an automotive maintenance provider. 
   (d) For purposes of this section, "recommended" or "recommendation"
shall mean any written recommendation, including, but not limited
to, a recommendation of an oil drain interval in the form of a window
sticker or a key tag, or through programmable settings in the
vehicle's oil life indicator.
   (e) For purposes of this section, "recommended" or "recommendation"
shall not mean resetting a preset or nonprogrammable oil life
indicator or an oil life monitor based on a mathematical algorithm of
the vehicle's usage.
   (f) When an automotive repair dealer  or an automotive
maintenance provider  performs an oil change service, the dealer
shall include the following oil change disclosure statement on the
final invoice or on a document attached to the final invoice:

   "It is important to change your oil at the proper intervals. Your
vehicle manufacturer publishes oil change intervals in your owner's
manual and on the manufacturer's Web site.

   SEC. 4.   SEC. 7.   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.