Bill Text: CA AB1177 | 2013-2014 | Regular Session | Enrolled

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

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Bill Title: Structural fumigation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-05 - Chaptered by Secretary of State - Chapter 596, Statutes of 2013. [AB1177 Detail]

Download: California-2013-AB1177-Enrolled.html

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BILL NUMBER: AB 1177	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 11, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2013
	AMENDED IN SENATE  SEPTEMBER 6, 2013
	AMENDED IN SENATE  AUGUST 13, 2013
	AMENDED IN SENATE  JUNE 25, 2013

INTRODUCED BY   Assembly Member Bocanegra

                        FEBRUARY 22, 2013

   An act to amend Sections 8698, 8698.1, 8698.3, and 8698.6 of, and
to add Section 8698.4 to, the Business and Professions Code, and to
add Section 15204.6 to the Food and Agricultural Code, relating to
structural fumigation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1177, Bocanegra. Structural fumigation.
   Existing law, until January 1, 2014, establishes a structural
fumigation enforcement program that requires the Director of the
Department of Pesticide Regulation to provide oversight for the
program. Existing law authorizes the Los Angeles County Agricultural
Commissioner, the Orange County Agricultural Commissioner, the Santa
Clara County Agricultural Commissioner, and the San Diego County
Agricultural Commissioner to perform increased structural fumigation,
inspection, and enforcement activities, to be funded by a $5 fee
paid by any person who performs a structural fumigation in those
counties, as specified. Existing law requires that the fees be
accompanied by a copy of a monthly pesticide use report, as
specified. Existing law authorizes the director to adopt regulations
to carry out those provisions, and to levy a civil penalty against
persons violating those provisions or regulations, as specified.
Existing law provides that the funds collected from the fees shall be
paid to the county and used for the sole purpose of funding
enforcement and training activities directly related to the
structural fumigation program.
   This bill would increase the fee described above from $5 to $8,
and would revise the reporting requirements, as specified. The bill
would extend the operation of these provisions until January 1, 2018.

   Existing law requires specified structural pest control licensees
to annually register with the agricultural commissioner of a county
prior to operating a structural pest control business in that county.

   This bill would authorize a county agricultural commissioner to
require full payment of any delinquent fees due to that county
pursuant to the enforcement program described above as a condition to
registering a structural pest control licensee to operate a
structural pest control business in that county.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8698 of the Business and Professions Code is
amended to read:
   8698.  The Director of the Department of Pesticide Regulation
shall provide oversight for the purposes of carrying out Section
8698.1. The Los Angeles County Agricultural Commissioner, the Orange
County Agricultural Commissioner, the Santa Clara County Agricultural
Commissioner, and the San Diego County Agricultural Commissioner may
perform increased structural fumigation, inspection, and enforcement
activities, to be funded by the eight-dollar ($8) fee collected
pursuant to Section 8698.1.
  SEC. 2.  Section 8698.1 of the Business and Professions Code is
amended to read:
   8698.1.  (a) Any company that performs a structural fumigation in
Los Angeles County, Orange County, Santa Clara County, or San Diego
County shall pay to the county agricultural commissioner a fee of
eight dollars ($8) for each fumigation conducted at a specific
location.
   (b) The fees shall be submitted by the 10th day of the month
following the month in which the structural fumigation was performed.
The fees shall be accompanied by report that lists the addresses of
all locations in that county at which a structural fumigation was
performed during the prior month.
  SEC. 3.  Section 8698.3 of the Business and Professions Code is
amended to read:
   8698.3.  (a) The Director of the Department of Pesticide
Regulation may levy a civil penalty against a person or company
violating this chapter, including any regulation adopted pursuant to
this chapter.
   (b) Before a civil penalty is levied, the person charged with the
violation shall receive notice of the nature of the violation and
shall be given an opportunity to be heard, including the right to
review the director's evidence and a right to present evidence on his
or her own behalf.
   (c) Review of the decision of the director may be sought by the
person against whom the penalty was levied, within 30 days of
receiving notice of the decision, pursuant to Section 1094.5 of the
Code of Civil Procedure.
   (d) After the exhaustion of the review procedure provided in this
section, the director, or his or her representative, may file a
certified copy of a final decision of the director that directs the
payment of a civil penalty and, if applicable, any order that denies
a petition for a writ of administrative mandamus, with the clerk of
the superior court of any county. Judgment shall be entered
immediately by the clerk in conformity with the decision or order. No
fees shall be charged by the clerk of the superior court for the
performance of any official service required in connection with the
entry of judgment pursuant to this section.
  SEC. 4.  Section 8698.4 is added to the Business and Professions
Code, to read:
   8698.4.  Pursuant to Section 15204.6 of the Food and Agricultural
Code, a county agricultural commissioner may require full payment of
any delinquent fees due to that county pursuant to Section 8698.1 as
a condition to registering a structural pest control licensee to
operate a structural pest control business in that county.
  SEC. 5.  Section 8698.6 of the Business and Professions Code is
amended to read:
   8698.6.  This chapter shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, which is chaptered before January 1, 2018, deletes or
extends that date.
  SEC. 6.  Section 15204.6 is added to the Food and Agricultural
Code, to read:
   15204.6.  A commissioner may require full payment of any
delinquent fees due to the county pursuant to Section 8698.1 of the
Business and Professions Code as a condition of registering a
structural pest control licensee to operate a structural pest control
business in that county pursuant to Sections 15204 and 15204.5.