California 2021-2022 Regular Session

California Assembly Bill AB1877 Compare Versions

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11 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1877Introduced by Assembly Member FongFebruary 08, 2022 An act to add Section 24214.1 to the Education Code, relating to state teachers retirement. LEGISLATIVE COUNSEL'S DIGESTAB 1877, as introduced, Fong. State teachers retirement: retirees.Existing law, the Teachers Retirement Law, establishes the State Teachers Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is governed by the Teachers Retirement Board.Existing law limits the postretirement compensation of a member of the Defined Benefit Program of the Teachers Retirement Plan to an amount calculated by STRS, as specified. If the members postretirement compensation exceeds this amount, the law requires the members retirement allowance to be reduced by the amount of excess compensation. Existing law, however, permits members retired for service from STRS to perform member activities without being subject to the compensation limit under certain limited conditions and circumstances. This bill would exempt from the postretirement compensation limit the compensation of a member retired for service who was a classroom teacher, as defined, who has returned to work to fulfill a critical need in a position due to a teacher shortage in the area of special education. The bill would require a local school district, county office of education, or other local educational agency exercising this exemption to submit specified documentation, certified under penalty of perjury, to substantiate a retired members eligibility. By expanding the crime of perjury, 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 24214.1 is added to the Education Code, to read:24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who was a classroom teacher who has returned to work after the date of retirement to fulfill a critical need in a special education position due to a teacher shortage in special education.(b) A local school district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received. (c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer. (d) The documentation required for subdivision (a) shall include certification, under penalty of perjury, of the following: (1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed. (2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1). (3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1). (4) The salary paid shall be no greater than the salary offered to current active members for the appointed position (e) For purposes of this section, a classroom teacher means a member who was an employee of an elementary school, high school, school district, county office of education, or other local educational agency, employed in a position requiring certification qualifications and whose duties required that teacher to teach pupils in regular class days for the time for which that teacher was employed during the regular schoolday. 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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33 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1877Introduced by Assembly Member FongFebruary 08, 2022 An act to add Section 24214.1 to the Education Code, relating to state teachers retirement. LEGISLATIVE COUNSEL'S DIGESTAB 1877, as introduced, Fong. State teachers retirement: retirees.Existing law, the Teachers Retirement Law, establishes the State Teachers Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is governed by the Teachers Retirement Board.Existing law limits the postretirement compensation of a member of the Defined Benefit Program of the Teachers Retirement Plan to an amount calculated by STRS, as specified. If the members postretirement compensation exceeds this amount, the law requires the members retirement allowance to be reduced by the amount of excess compensation. Existing law, however, permits members retired for service from STRS to perform member activities without being subject to the compensation limit under certain limited conditions and circumstances. This bill would exempt from the postretirement compensation limit the compensation of a member retired for service who was a classroom teacher, as defined, who has returned to work to fulfill a critical need in a position due to a teacher shortage in the area of special education. The bill would require a local school district, county office of education, or other local educational agency exercising this exemption to submit specified documentation, certified under penalty of perjury, to substantiate a retired members eligibility. By expanding the crime of perjury, 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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99 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
1010
1111 Assembly Bill
1212
1313 No. 1877
1414
1515 Introduced by Assembly Member FongFebruary 08, 2022
1616
1717 Introduced by Assembly Member Fong
1818 February 08, 2022
1919
2020 An act to add Section 24214.1 to the Education Code, relating to state teachers retirement.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 1877, as introduced, Fong. State teachers retirement: retirees.
2727
2828 Existing law, the Teachers Retirement Law, establishes the State Teachers Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is governed by the Teachers Retirement Board.Existing law limits the postretirement compensation of a member of the Defined Benefit Program of the Teachers Retirement Plan to an amount calculated by STRS, as specified. If the members postretirement compensation exceeds this amount, the law requires the members retirement allowance to be reduced by the amount of excess compensation. Existing law, however, permits members retired for service from STRS to perform member activities without being subject to the compensation limit under certain limited conditions and circumstances. This bill would exempt from the postretirement compensation limit the compensation of a member retired for service who was a classroom teacher, as defined, who has returned to work to fulfill a critical need in a position due to a teacher shortage in the area of special education. The bill would require a local school district, county office of education, or other local educational agency exercising this exemption to submit specified documentation, certified under penalty of perjury, to substantiate a retired members eligibility. By expanding the crime of perjury, 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.
2929
3030 Existing law, the Teachers Retirement Law, establishes the State Teachers Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. STRS is governed by the Teachers Retirement Board.
3131
3232 Existing law limits the postretirement compensation of a member of the Defined Benefit Program of the Teachers Retirement Plan to an amount calculated by STRS, as specified. If the members postretirement compensation exceeds this amount, the law requires the members retirement allowance to be reduced by the amount of excess compensation. Existing law, however, permits members retired for service from STRS to perform member activities without being subject to the compensation limit under certain limited conditions and circumstances.
3333
3434 This bill would exempt from the postretirement compensation limit the compensation of a member retired for service who was a classroom teacher, as defined, who has returned to work to fulfill a critical need in a position due to a teacher shortage in the area of special education. The bill would require a local school district, county office of education, or other local educational agency exercising this exemption to submit specified documentation, certified under penalty of perjury, to substantiate a retired members eligibility. By expanding the crime of perjury, the bill would impose a state-mandated local program.
3535
3636 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.
3737
3838 This bill would provide that no reimbursement is required by this act for a specified reason.
3939
4040 ## Digest Key
4141
4242 ## Bill Text
4343
4444 The people of the State of California do enact as follows:SECTION 1. Section 24214.1 is added to the Education Code, to read:24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who was a classroom teacher who has returned to work after the date of retirement to fulfill a critical need in a special education position due to a teacher shortage in special education.(b) A local school district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received. (c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer. (d) The documentation required for subdivision (a) shall include certification, under penalty of perjury, of the following: (1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed. (2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1). (3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1). (4) The salary paid shall be no greater than the salary offered to current active members for the appointed position (e) For purposes of this section, a classroom teacher means a member who was an employee of an elementary school, high school, school district, county office of education, or other local educational agency, employed in a position requiring certification qualifications and whose duties required that teacher to teach pupils in regular class days for the time for which that teacher was employed during the regular schoolday. 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.
4545
4646 The people of the State of California do enact as follows:
4747
4848 ## The people of the State of California do enact as follows:
4949
5050 SECTION 1. Section 24214.1 is added to the Education Code, to read:24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who was a classroom teacher who has returned to work after the date of retirement to fulfill a critical need in a special education position due to a teacher shortage in special education.(b) A local school district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received. (c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer. (d) The documentation required for subdivision (a) shall include certification, under penalty of perjury, of the following: (1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed. (2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1). (3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1). (4) The salary paid shall be no greater than the salary offered to current active members for the appointed position (e) For purposes of this section, a classroom teacher means a member who was an employee of an elementary school, high school, school district, county office of education, or other local educational agency, employed in a position requiring certification qualifications and whose duties required that teacher to teach pupils in regular class days for the time for which that teacher was employed during the regular schoolday.
5151
5252 SECTION 1. Section 24214.1 is added to the Education Code, to read:
5353
5454 ### SECTION 1.
5555
5656 24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who was a classroom teacher who has returned to work after the date of retirement to fulfill a critical need in a special education position due to a teacher shortage in special education.(b) A local school district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received. (c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer. (d) The documentation required for subdivision (a) shall include certification, under penalty of perjury, of the following: (1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed. (2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1). (3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1). (4) The salary paid shall be no greater than the salary offered to current active members for the appointed position (e) For purposes of this section, a classroom teacher means a member who was an employee of an elementary school, high school, school district, county office of education, or other local educational agency, employed in a position requiring certification qualifications and whose duties required that teacher to teach pupils in regular class days for the time for which that teacher was employed during the regular schoolday.
5757
5858 24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who was a classroom teacher who has returned to work after the date of retirement to fulfill a critical need in a special education position due to a teacher shortage in special education.(b) A local school district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received. (c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer. (d) The documentation required for subdivision (a) shall include certification, under penalty of perjury, of the following: (1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed. (2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1). (3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1). (4) The salary paid shall be no greater than the salary offered to current active members for the appointed position (e) For purposes of this section, a classroom teacher means a member who was an employee of an elementary school, high school, school district, county office of education, or other local educational agency, employed in a position requiring certification qualifications and whose duties required that teacher to teach pupils in regular class days for the time for which that teacher was employed during the regular schoolday.
5959
6060 24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who was a classroom teacher who has returned to work after the date of retirement to fulfill a critical need in a special education position due to a teacher shortage in special education.(b) A local school district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received. (c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer. (d) The documentation required for subdivision (a) shall include certification, under penalty of perjury, of the following: (1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed. (2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1). (3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1). (4) The salary paid shall be no greater than the salary offered to current active members for the appointed position (e) For purposes of this section, a classroom teacher means a member who was an employee of an elementary school, high school, school district, county office of education, or other local educational agency, employed in a position requiring certification qualifications and whose duties required that teacher to teach pupils in regular class days for the time for which that teacher was employed during the regular schoolday.
6161
6262
6363
6464 24214.1. (a) The postretirement compensation limitation set forth in subdivision (f) of Section 24214 is not applicable to compensation paid to a member retired for service under this part who was a classroom teacher who has returned to work after the date of retirement to fulfill a critical need in a special education position due to a teacher shortage in special education.
6565
6666 (b) A local school district, county office of education, or other local educational agency exercising the exemption pursuant to subdivision (a) shall submit all documentation required by the system to substantiate the eligibility of the retired member for the exemption, including compliance with subdivisions (c) and (d). The retired member shall not perform retired member activities until after the documentation has been received.
6767
6868 (c) Subdivision (a) shall not apply to a retired member who has not attained normal retirement age at the time the compensation is earned by the member, received additional service credit pursuant to Section 22714 or 22715, or received from any public employer any financial inducement to retire in the previous six months. For purposes of this section, financial inducement to retire includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by the public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislatures intent to make subdivision (a) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with the public employer.
6969
7070 (d) The documentation required for subdivision (a) shall include certification, under penalty of perjury, of the following:
7171
7272 (1) The position was first advertised for appointment to current active or inactive members of the program with the necessary qualifications to perform the requirements of the position and no qualified current active or inactive member was available to be appointed.
7373
7474 (2) The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the position at the same salary that was offered as first advertised pursuant to paragraph (1).
7575
7676 (3) The appointing authority, having tried and failed to hire a current active or inactive member or a reinstated retired member, hired a retired member and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (1).
7777
7878 (4) The salary paid shall be no greater than the salary offered to current active members for the appointed position
7979
8080 (e) For purposes of this section, a classroom teacher means a member who was an employee of an elementary school, high school, school district, county office of education, or other local educational agency, employed in a position requiring certification qualifications and whose duties required that teacher to teach pupils in regular class days for the time for which that teacher was employed during the regular schoolday.
8181
8282 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.
8383
8484 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.
8585
8686 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.
8787
8888 ### SEC. 2.