Bill Text: CA SB1244 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Structural Pest Control Board.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-09-25 - Chaptered by Secretary of State. Chapter 560, Statutes of 2014. [SB1244 Detail]
Download: California-2013-SB1244-Amended.html
Bill Title: Structural Pest Control Board.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-09-25 - Chaptered by Secretary of State. Chapter 560, Statutes of 2014. [SB1244 Detail]
Download: California-2013-SB1244-Amended.html
BILL NUMBER: SB 1244 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 26, 2014
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY AUGUST 19, 2014
AMENDED IN ASSEMBLY JUNE 11, 2014
AMENDED IN SENATE APRIL 24, 2014
INTRODUCED BY Senator Lieu
(Principal coauthor: Assembly Member Bonilla)
FEBRUARY 20, 2014
An act to amend Sections 8505, 8505.1, 8505.2, 8505.5, 8505.10,
8505.12, 8505.14, 8505.17, 8507.1, 8514, 8518, 8520, 8528, 8551.5,
8560, 8562, 8564, 8564.6, 8565, 8566, 8567, 8590, 8593.1, 8612, 8613,
8617, 8622, 8643, 8647, 8651, 8660, 8673, and 8674 of, to add
Sections 8504.1 and 8672.1 to, and to repeal Sections 8505.6, 8565.6,
and 8590.1 of, the Business and Professions Code, relating to the
Structural Pest Control Board.
LEGISLATIVE COUNSEL'S DIGEST
SB 1244, as amended, Lieu. Structural Pest Control Board.
Existing law, until January 1, 2015, establishes the Structural
Pest Control Board, within the Department of Consumer Affairs, and
authorizes the Director of Consumer Affairs to appoint a registrar to
be the executive officer of the board. The board is required to
license and regulate structural pest control operators, as specified.
This bill would extend the operation of those provisions until
January 1, 2019.
Existing law provides, in pertinent part, that structural pest
control includes, with respect to household pests and wood destroying
pests or organisms, or other pests which may invade households or
other structures, the engaging in, offering to engage in, advertising
for, soliciting, or the performance of, among other things, the
identification of infestations, or the use of insecticides,
pesticides, rodenticides, fumigants, or allied chemicals or
substances for the purpose of eliminating, exterminating,
controlling, or preventing infestations or infections of those pests,
or organisms. Under existing law, an applicator's license expires 3
years from the date the license is issued.
This bill would define the term "pesticide" to include any spray
adjuvant and any substance, or mixture of substances, which is
intended to be used for preventing, destroying, repelling, or
mitigating any pest or organism, and would make conforming changes
pertaining to that definition. The bill would delete obsolete
provisions pertaining to the definition of fumigants and fumigation
procedures, and would conform notice provisions relating to
fumigation to other provisions of law. The bill would authorize, in
specified circumstances, waiving the use of warning agents in
conjunction with fumigants. The bill would provide that an applicator'
s license instead would expire on June 30 of the 3rd year after
issuance.
Existing law requires registered structural pest control companies
to submit monthly reports to the county agricultural commissioner
reporting the name and registration number of each pesticide, the
amount used, and the number of applications made. Existing law
requires the report to have a pesticide stamp issued by the board, as
specified.
This bill would authorize the use of pesticide stamp numbers in
addition to pesticide stamps for those purposes. The bill would
delete the requirement that the monthly reports specify the number of
applications made for a pesticide. The bill would require structural
pest control licensees to maintain a copy of the monthly report for
3 years after submission.
Existing law prescribes various fees for licensing, registration,
examinations, and other purposes pertaining to structural pest
control matters, and authorizes a fee of $2 for a pesticide use stamp
in connection with a monthly pesticide report. Existing law provides
that those fees may be deposited in the Structural Pest Control
Research Fund, or with a bank or other depository, as specified.
This bill would prescribe a $2 fee for a pesticide use stamp
number. The bill would delete provisions for deposit of the stamp and
stamp number fees with a bank or other depository, and would make
additional conforming changes.
Existing law authorizes suspension and fines to be imposed on a
registered structural pest control company for specified violations.
This bill would provide that the time for an action for a
suspension or fine against a structural pest control licensee or
registered company would be 2 years from the date of the violation,
provided however, that when an agricultural commissioner submits a
completed investigation to the registrar of the Structural Pest
Control Board, or the Attorney General, the action would be required
to be brought within one year of the commissioner's submission.
Existing law establishes a disciplinary review committee, in
connection with disciplinary procedures against structural pest
control licensees and registered companies, which requires as a
member of the committee, a person representing the Secretary of Food
and Agriculture.
This bill would instead require as a member of the committee, a
person who represents the Director of Pesticide Regulation.
The bill would make additional conforming and technical,
nonsubstantive changes.
The bill would incorporate changes to Section 8674 of the Business
and Professions Code proposed by both this bill and AB 1685 which
would become operative only if both bills are enacted and become
effective on or before January 1, 2015, and this bill is enacted
last.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8504.1 is added to the Business and Professions
Code, to read:
8504.1. "Pesticide" includes any of the following:
(a) Any spray adjuvant.
(b) Any substance, or mixture of substances, which is intended to
be used for preventing, destroying, repelling, or mitigating any pest
or organism.
SEC. 2. Section 8505 of the Business and Professions Code is
amended to read:
8505. (a) "Structural pest control" and "pest control" as used in
this chapter are synonymous. Except as provided in Section 8555 and
elsewhere in this chapter, it is, with respect to household pests and
wood destroying pests or organisms, or other pests that may invade
households or other structures, including railroad cars, ships,
docks, trucks, airplanes, or the contents thereof, the engaging in,
offering to engage in, advertising for, soliciting, or the
performance of, any of the following:
(1) Identification of infestations or infections.
(2) The making of an inspection or inspections for the purpose of
identifying or attempting to identify infestations or infections of
household or other structures by those pests or organisms.
(3) The making of inspection reports, recommendations, estimates,
and bids, whether oral or written, with respect to those infestations
or infections.
(4) The making of contracts, or the submitting of bids for, or the
performance of any work including the making of structural repairs
or replacements, or the use of pesticides, or mechanical devices for
the purpose of eliminating, exterminating, controlling or preventing
infestations or infections of those pests, or organisms.
(b) "Household pests" are defined for the purpose of this chapter
as those pests other than wood destroying pests or organisms, which
invade households and other structures, including, but not limited
to, rodents, vermin, and insects.
SEC. 3. Section 8505.1 of the Business and Professions Code is
amended to read:
8505.1. (a) Except as provided in subdivisions (b) and (c), for
the purpose of this act, "fumigation" shall be defined as the use
within an enclosed space for the destruction of plant or animal life,
a substance having a vapor pressure greater than 5 millimeters of
mercury at 25 degrees centigrade when the substance is labeled for
those purposes.
The following is a list of lethal fumigants:
(1) Methyl bromide.
(2) Sulfuryl fluoride.
(3) Aluminum phosphide.
The board may adopt, and may as necessary amend, by regulation, a
list of fumigants.
(b) For the purpose of this act, "warning agent" is any agent used
in combination with any fumigant that lacks warning properties.
The following is a warning agent:
Chloropicrin.
The board may adopt, and may as necessary amend, by regulation, a
list of warning agents.
(c) For the purpose of this act "simple asphyxiants" shall not be
deemed to be fumigants.
The following is a list of simple asphyxiants:
(1) Liquid nitrogen.
(2) Carbon dioxide.
The board may adopt, and may as necessary amend, by regulation, a
list of simple asphyxiants.
SEC. 4. Section 8505.2 of the Business and Professions Code is
amended to read:
8505.2. Fumigation shall be performed only under the direct and
personal supervision of an individual who is licensed by the board as
an operator or field representative in Branch 1 as set forth in
Section 8560.
SEC. 5. Section 8505.5 of the Business and Professions Code is
amended to read:
8505.5. (a) Notice of the date and place of fumigation, and
chemicals to be used, shall be given by the fumigator to the fire
department serving the area in which fumigation is to be performed
not less than two hours prior to the time fumigation begins. The fire
department shall not charge any fees for any service related to
structural pest control activities except for the costs of an
emergency response necessitated by illegal or negligent actions.
(b) Notice of each fumigation to be performed shall be given to
the commissioner in the county in which the job is to be performed.
The notice, which may be mailed or given by telephone, at the option
of the commissioner, shall be given at least 24 hours prior to the
time fumigation begins, unless the commissioner determines that less
time is sufficient. A fee shall not be assessed for processing this
notice.
SEC. 6. Section 8505.6 of the Business and Professions Code is
repealed.
SEC. 7. Section 8505.10 of the Business and Professions Code is
amended to read:
8505.10. Warning signs shall be printed in red on white
background and shall contain the following statement in letters not
less than two inches in height: "DANGER--FUMIGATION." They shall also
depict a skull and crossbones not less than one inch in height and
shall state in letters not less than one-half inch in height the name
of the fumigant. These signs shall also include in legible ink of
any color, the date and time fumigant was injected, and the name,
address, and telephone number of the registered company performing
the fumigation. Warning signs placed under a tarpaulin shall not be
required to state the time the fumigant was injected.
SEC. 8. Section 8505.12 of the Business and Professions Code is
amended to read:
8505.12. A registered company performing fumigation shall use an
adequate warning agent with all fumigants which lack those
properties. There may be circumstances in which the use of
chloropicrin is not possible due to its unknown effects on sensitive
items, including, but not limited to, artifacts in museums or in
police evidence storage. In these circumstances, waiving the use of
chloropicrin shall be approved by the state regulatory authority and
documented in advance and shall include alternative safety
precautions which address initial clearance of the site to be
fumigated, potential movement of the fumigant to unattended areas,
and continued site security. When conditions involving abnormal
hazards exist, the licensee exercising direct and personal
supervision shall take those safety precautions in addition to those
prescribed by this chapter as are reasonably necessary to protect the
public health and safety.
SEC. 9. Section 8505.14 of the Business and Professions Code is
amended to read:
8505.14. "Fumigator" means any individual licensed by the board
as a structural pest control operator or as a structural pest control
field representative in Branch 1 as set forth in Section 8560.
SEC. 10. Section 8505.17 of the Business and Professions Code is
amended to read:
8505.17. (a) There is hereby continued in existence in the State
Treasury a special fund to be known as the Structural Pest Control
Education and Enforcement Fund. Funds derived from the pesticide use
report filing fee provided for in Section 8674 and all proceeds from
civil penalties collected by the board pursuant to Section 8617 shall
be deposited in the Education and Enforcement Account which is
hereby created in the fund. The account shall be used by the board
(1) for the purposes of training as provided in Section 8616, (2) for
reimbursement to the Director of Pesticide Regulation for work
performed as the agent of the board pursuant to Sections 8616,
8616.4, and 8617 and Section 15202 of the Food and Agricultural Code
and for cases referred to the board pursuant to subdivision (b) of
Section 8616.5, and (3) for reasonable expenses incurred by the
Disciplinary Review Committee. There is no reimbursement from this
fund for inspections and routine investigations.
(b) The board may withhold funds from its agent if it is not
satisfied that its agent has corrected the problems which resulted in
a suspension as provided in Section 8616.6. The authority to
withhold funds shall be limited only to the withholding of an amount
otherwise due the agent for reimbursable activities performed in the
county or counties for which a notice has been filed pursuant to
Section 8616.6.
(c) Registered structural pest control companies shall prepare and
submit to the county agricultural commissioner a monthly report of
all pesticides used in that county. The report shall be on a form
approved by the Director of Pesticide Regulation and shall contain
the name and registration number of each pesticide and the amount
used. The report shall be submitted to the commissioner by the 10th
day of the month following the month of application and a copy shall
be maintained by the licensee for a period of three years after the
report submission date. Each pesticide use report or combination of
use reports representing a registered structural pest control company'
s total county pesticide use for the month shall require a pesticide
use stamp or stamp number issued by the board in the denomination
fixed by the board in accordance with Section 8674 as the pesticide
use report filing fee. The board shall provide for the sale of these
stamps and stamp numbers and for the refund of moneys paid for stamps
and stamp numbers which are returned to it unused. When a registered
structural pest control company performs no pest control during a
month in a county in which it has given notice pursuant to Section
15204 of the Food and Agricultural Code, the registered company shall
submit a use report stating this fact to the commissioner. A
pesticide use stamp or stamp number is not required on negative use
reports.
(d) All other proceeds from civil penalties collected by the board
shall be deposited in the Civil Penalties Account which is hereby
created in the fund. These funds shall be available to the board upon
appropriation by the Legislature for the purposes of enforcing this
chapter.
SEC. 11. Section 8507.1 of the Business and Professions Code is
amended to read:
8507.1. (a) (1) "Structural pest control applicator" is any
individual who is licensed by the board to apply pesticides in Branch
2 or Branch 3 on behalf of a registered company.
(2) A structural pest control applicator shall not contract for
pest control work or perform pest control work in his or her own
behalf.
(b) As used in this chapter, "applicator" refers to "structural
pest control applicator."
SEC. 12. Section 8514 of the Business and Professions Code is
amended to read:
8514. (a) A Branch 2 or 3 registered company shall not commence
work on a contract, or sign, issue, or deliver any documents
expressing an opinion or statement relating to the control of
household pests, or wood destroying pests or organisms until the
registered company has completed an inspection.
(b) Notwithstanding any provision of this chapter, after an
inspection has been made, a registered company which holds a branch
registration for the control of household pests, or wood destroying
pests or organisms, but whose branch registration restricts the
method of eradication or control permitted, may recommend and enter
into a contract for the eradication or control of pests within the
scope of its branch registration, provided that it subcontracts, in
writing, the actual performance of the work to a registered company
which holds a branch registration authorizing the particular method
to be used.
(c) A registered company may subcontract, in writing, any pest
control work for which it is registered in any branch or branches to
a registered company holding a valid branch registration to do that
work.
(d) Nothing in this chapter shall be construed to prohibit a
registered company or the consumer from subcontracting with a
licensed contractor to do any work authorized under Section 8556.
(e) A registered company shall not subcontract structural
fumigation work, as permitted in this section, without the written
consent of the consumer. The consumer shall be informed in advance,
in writing, of any proposed work which the registered company intends
to subcontract and of the consumer's right to select another person
or entity of the consumer's choosing to perform the work. The
consumer may authorize the subcontracting of the work as proposed or
may contract directly with another registered company licensed to
perform the work. Nothing in this paragraph shall be construed to
eliminate any otherwise applicable licensure requirements, nor permit
a licensed contractor to perform any work beyond that authorized by
Section 8556.
(f) Nothing contained in this section shall permit or authorize a
registered company to perform, attempt to perform, advertise or hold
out to the public or to any person that it is authorized, qualified,
or registered to perform, pest control work in a branch, or by a
method, for which it is not registered, except that a Branch 2 or
Branch 3 registered company may advertise fumigation or any all
encompassing treatment described in paragraph (8) of subdivision (a)
of Section 1991 of Title 16 of the California Code of Regulations if
the company complies with the requirements of this section.
(g) Subcontracting of work, as permitted in this section, shall
not relieve the prime contractor or the subcontractor from
responsibility for, or from disciplinary action because of, an act or
omission on its part, which would otherwise be a ground for
disciplinary action. However, the registered company making the
initial proposal including proposed work that the registered company
intends to subcontract shall not be subject to disciplinary action or
otherwise responsible for an act or omission in the performance of
the work that the consumer directly contracts with another registered
company, person, or entity to perform, as permitted by this section.
All home solicitation contracts shall comply with Chapter 2
(commencing with Section 1688) of Title 5 of Part 2 of Division 3 of
the Civil Code.
SEC. 13. Section 8518 of the Business and Professions Code is
amended to read:
8518. (a) When a registered company completes work under a
contract, it shall prepare, on a form prescribed by the board, a
notice of work completed and not completed, and shall furnish that
notice to the owner of the property or the owner's agent within 10
business days after completing the work. The notice shall include a
statement of the cost of the completed work and estimated cost of
work not completed.
(b) The address of each property inspected or upon which work was
completed shall be reported on a form prescribed by the board and
shall be filed with the board no later than 10 business days after
completed work.
(c) A filing fee shall be assessed pursuant to Section 8674 for
every property upon which work is completed.
(d) Failure of a registered company to report and file with the
board the address of any property upon which work was completed
pursuant to subdivision (b) of Section 8516 or Section 8518 is
grounds for disciplinary action and shall subject the registered
company to a fine of not more than two thousand five hundred dollars
($2,500).
(e) The registered company shall retain for three years all
original notices of work completed, work not completed, and activity
forms.
(f) Notices of work completed and not completed shall be made
available for inspection and reproduction to the executive officer of
the board or his or her duly authorized representative during
business hours. Original notices of work completed or not completed
or copies thereof shall be submitted to the board upon request within
two business days.
SEC. 14. Section 8520 of the Business and Professions Code is
amended to read:
8520. (a) There is in the Department of Consumer Affairs a
Structural Pest Control Board, which consists of seven members.
(b) Subject to the jurisdiction conferred upon the director by
Division 1 (commencing with Section 100), the board is vested with
the power to and shall administer the provisions of this chapter.
(c) It is the intent of the Legislature that consumer protection
is the primary mission of the board.
(d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date. Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.
SEC. 15. Section 8528 of the Business and Professions Code is
amended to read:
8528. (a) With the approval of the director, the board shall
appoint a registrar, fix his or her compensation, and prescribe his
or her duties.
(b) The registrar is the executive officer and secretary of the
board.
(c) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 16. Section 8551.5 of the Business and Professions Code is
amended to read:
8551.5. Except as provided in this chapter, an unlicensed
individual in the employ of a registered company shall not apply any
pesticides included in Branch 2 or Branch 3. However, an individual
may, for 90 days from the date of employment, apply pesticides for
the purposes of training under the direct supervision of a licensed
field representative or operator employed by the company. This direct
supervision means in the presence of the licensed field
representative or operator at all times. The 90-day time period may
not be extended.
SEC. 17. Section 8560 of the Business and Professions Code is
amended to read:
8560. (a) Licenses issued to operators, field representatives, or
applicators shall be limited to the branch or branches of pest
control for which the applicant has qualified by application and
examination.
(b) For the purpose of delimiting the type and character of work
authorized by the various branch licenses, the practice of pest
control is classified into the following branches:
(1) Branch 1. Fumigation. The practice relating to the control of
household and wood-destroying pests or organisms by fumigation with
poisonous or lethal gases.
(2) Branch 2. General pest. The practice relating to the control
of household pests, excluding fumigation with poisonous or lethal
gases.
(3) Branch 3. Termite. The practice relating to the control of
wood-destroying pests or organisms by the use of insecticides, or
structural repairs and corrections, excluding fumigation with
poisonous or lethal gases.
(c) The board may issue a license for a combination of two or more
branches for which an applicant qualifies under the provisions of
this chapter, and the combination license shall be considered one
license.
(d) Unless otherwise authorized by the board, all examinations
shall be supplied by the board. All examinations shall be kept for a
period of one year, upon the expiration of which these records may be
destroyed on order of the board. Each applicant for license as an
operator or a field representative shall be designated by a number
instead of by name, and the identity thereof shall not be disclosed
until the examinations are graded. A person shall not be admitted to
the examination room except members of the board, the examining
personnel, and the applicants.
(e) The board shall make rules and regulations for the purpose of
securing fair, impartial, and proper examinations.
(f) Licensees may be licensed in other branches upon complying
with the requirements for qualification and by examination in those
other branches. A failure of the licensee to pass examination in the
other branch or branches shall not have any effect on existing
licenses.
(g) The examination shall be in each of the subjects specified in
the branch or branches relating to the respective applications. A
license according to the applications shall be granted to any
applicant who shall make a general average of not less than 70
percent on each of the subjects of the branch or branches.
SEC. 18. Section 8562 of the Business and Professions Code is
amended to read:
8562. (a) To obtain an original operator's license, an applicant
shall submit to the registrar an application containing the statement
that the applicant desires the issuance of an operator's license
under the terms of this chapter.
(b) The application shall be made on forms prescribed by the board
and issued by the registrar in accordance with rules and regulations
adopted by the board, and shall contain the following:
(1) The name of the applicant.
(2) Proof satisfactory to the board that the applicant has had
actual experience for a period of not less than the time specified
opposite the branches of pest control listed below in the employ of a
registered company in the State of California in the particular
branch or branches of pest control for which the applicant desires to
be licensed, or the equivalent of that experience:
Branch 1..................... 2 years
Branch 2..................... 2 years
Branch 3..................... 4 years
(c) For the purpose of this subdivision one year shall equal 1,600
hours of actual experience in the field.
(d) A designation of the branch or branches for which the
application is made.
(e) The fees prescribed by this chapter.
(f) No operator's license shall be issued to an individual under
18 years of age.
(g) Effective January 1, 1993, an operator's license shall not be
issued to an individual unless that individual has been licensed as a
field representative in the branch in which the individual has
applied for an operator's license for a period of at least one year,
in the case of Branches 1 and 2, or for a period of at least two
years for Branch 3, or has demonstrated to the satisfaction of the
board that he or she has the equivalent of that training and
experience.
SEC. 19. Section 8564 of the Business and Professions Code is
amended to read:
8564. (a) To obtain an original field representative's license,
an applicant shall submit to the registrar an application containing
a statement that the applicant desires the issuance of a field
representative's license under the terms of this chapter.
(b) The application shall be made on a form prescribed by the
board and issued by the registrar in accordance with rules and
regulations adopted by the board, and shall contain the following:
(1) The length of time during which the applicant has engaged in
any work relating to pest control.
(2) The name and place of business of the person who last employed
him or her.
(3) The name of the person by whom the applicant is employed.
(4) The name of the registered company by which the applicant is
to be employed.
(5) The fees prescribed by this chapter.
(c) The board shall not accept any application for a field
representative's license in Branch 1 unless the applicant submits
proof satisfactory to the board that he or she has had six months'
training and experience in the practice of fumigating with poisonous
or lethal gases under the immediate supervision of an individual
licensed to practice fumigating, or the equivalent of that training
and experience.
(d) The board shall not accept any application for a field
representative's license in Branch 2 unless the applicant submits
proof satisfactory to the board that he or she has had training and
experience in the practice of pesticide application, Branch 2 pest
identification and biology, pesticide application equipment, and
pesticide hazards and safety practice under the immediate supervision
of an operator or field representative licensed in Branch 2, or the
equivalent of that training and experience.
(e) The board shall not accept any application for a field
representative's license in Branch 3 unless the applicant submits
proof satisfactory to the board that he or she has had training and
experience in the practice of pesticide application, Branch 3 pest
identification and biology, pesticide application equipment,
pesticide hazards and safety practices, structural repairs, and
structural inspection procedures and report writing under the
immediate supervision of an operator or field representative licensed
in Branch 3, or the equivalent of that training and experience.
SEC. 20. Section 8564.6 of the Business and Professions Code is
amended to read:
8564.6. (a) To obtain an original applicator's license, an
applicant shall submit to the registrar an application containing a
statement that the applicant requests the issuance of an applicator's
license under the terms of this chapter.
(b) The application shall be made on a form prescribed by the
board and issued by the registrar in accordance with rules and
regulations adopted by the board and shall contain the following:
(1) The name of the registered company by which the applicant is
to be employed.
(2) The fee prescribed by this chapter.
SEC. 21. Section 8565 of the Business and Professions Code is
amended to read:
8565. The board shall ascertain by examination that an applicant
for a license as operator is qualified in the use and understanding
of all of the following:
(a) The English language, including reading and writing.
(b) The building and safety laws of the state and any of its
political subdivisions, if the branch or branches of pest control for
which he or she is applying, require that knowledge.
(c) The labor laws of the state.
(d) The provisions of this chapter.
(e) Pesticides used in pest control, if the branch license or
licenses for which he or she is applying, require that knowledge.
(f) The theory and practice of the branch or branches of pest
control in which the applicant desires to be licensed.
(g) Other state laws, safety or health measures, or practices that
are reasonably within the scope of structural pest control in the
various branches, including an applicant's knowledge of the
requirements regarding health effects and restrictions on
applications, as set forth in Section 8538.
SEC. 22. Section 8565.6 of the Business and Professions Code is
repealed.
SEC. 23. Section 8566 of the Business and Professions Code is
amended to read:
8566. The board shall ascertain by examination that an applicant
for a license as field representative is qualified in the use and
understanding of the following:
(a) The safety laws of the state, if the branch or branches of
pest control for which he or she is applying, require that knowledge.
(b) The provisions of this chapter.
(c) Pesticides used in pest control, if the branch or branches of
pest control for which he or she is applying, require that knowledge.
(d) The theory and practice of pest control in the branch or
branches thereof for which the applicant desires to be licensed.
(e) Other state laws, safety or health measures, or practices as
are reasonably within the scope of structural pest control in the
various branches.
SEC. 24. Section 8567 of the Business and Professions Code is
amended to read:
8567. Should a field representative or applicator change his or
her employment, or should an operator enter the employ of a
registered company, or being already employed by a registered company
change his or her employment, or being employed by a registered
company leave that employment and enter the pest control business on
his or her own behalf, he or she shall notify the registrar on a form
prescribed by the board and issued by the registrar in accordance
with rules and regulations adopted by the board. The registrar shall
register the change in his or her records.
SEC. 25. Section 8590 of the Business and Professions Code is
amended to read:
8590. (a) Except as otherwise provided herein, an operator's,
field representative's, and applicator's licenses shall expire at 12
midnight on June 30 of the third year from the date of issue.
(b) An individual licensed in more than one category may request
that each license expire on the same date. The date requested shall
be the date of the earliest expiration.
(c) An operator, field representative, and applicator shall pay a
fee for the renewal of his or her license.
(d) The board shall on or before the first day of June of each
year mail to each operator, field representative, and applicator
whose license will expire in that year, addressed to him or her at
his or her last known address, a notice that his or her renewal fee
is due and payable and that, if not paid by June 30, a penalty will
be added thereto.
(e) In no case shall the penalty be waived.
(f) Upon the receipt of the fee the board shall cause the renewal
certificate to be issued.
SEC. 26. Section 8590.1 of the Business and Professions Code is
repealed.
SEC. 27. Section 8593.1 of the Business and Professions Code is
amended to read:
8593.1. The board shall require as a condition to the renewal of
each applicator's license that the holder thereof submit proof
satisfactory to the board that he or she has completed courses of
continuing education in pesticide application and use approved by the
board or equivalent activity approved by the board. In lieu of
submitting that proof, the licenseholder, if he or she so desires,
may successfully apply for and pass an appropriate applicator's
examination for renewal of a license given by the board.
SEC. 28. Section 8612 of the Business and Professions Code is
amended to read:
8612. (a) The licenses of qualifying managers and company
registrations shall be prominently displayed in the registered
company's office, and no registration issued hereunder shall
authorize the company to do business except from the location for
which the registration was issued. Each registered company having a
branch office or more than one branch office shall be required to
display its branch office registration prominently in each branch
office it maintains.
(b) When a registered company opens a branch office it shall
notify the registrar on a form prescribed by the board and issued by
the registrar in accordance with rules and regulations adopted by the
board. The notification shall include the name of the individual
designated as the branch supervisor and shall be submitted with the
fee for a branch office prescribed by this chapter.
SEC. 29. Section 8613 of the Business and Professions Code is
amended to read:
8613. A registered company which changes the location of its
principal office or any branch office or which changes its qualifying
manager, branch supervisor, officers, or its bond or insurance shall
notify the registrar on a form prescribed by the board of that
change within 30 days thereafter. A fee for filing those changes
shall be charged in accordance with Section 8674.
SEC. 30. Section 8617 of the Business and Professions Code is
amended to read:
8617. (a) The board or county agricultural commissioners, when
acting pursuant to Section 8616.4, may suspend the right of a
structural pest control licensee or registered company to work in a
county for up to three working days or, for a licensee, registered
company, or an unlicensed individual acting as a licensee, may levy
an administrative fine up to one thousand dollars ($1,000) or direct
the licensee to attend and pass a board-approved course of
instruction at a cost not to exceed the administrative fine, or both,
for each violation of this chapter or Chapter 14.5 (commencing with
Section 8698), or any regulations adopted pursuant to these chapters,
or Chapter 2 (commencing with Section 12751), Chapter 3 (commencing
with Section 14001), Chapter 3.5 (commencing with Section 14101), or
Chapter 7 (commencing with Section 15201) of Division 7 of the Food
and Agricultural Code, or any regulations adopted pursuant to those
chapters, relating to pesticides. However, any violation determined
by the board or the commissioner to be a serious violation as defined
in Section 1922 of Title 16 of the California Code of Regulations
shall be subject to a fine of not more than five thousand dollars
($5,000) for each violation. Fines collected shall be paid to the
Education and Enforcement Account in the Structural Pest Control
Education and Enforcement Fund. Suspension may include all or part of
the registered company's business within the county based on the
nature of the violation, but shall, whenever possible, be restricted
to that portion of a registered company's business in a county that
was in violation.
(b) A licensee who passes a course pursuant to this section shall
not be awarded continuing education credit for that course.
(c) Before a suspension action is taken, a fine levied, or a
licensee is required to attend and pass a board-approved course of
instruction, the person charged with the violation shall be provided
a written notice of the proposed action, including the nature of the
violation, the amount of the proposed fine or suspension, or the
requirement to attend and pass a board-approved course of
instruction. The notice of proposed action shall inform the person
charged with the violation that if he or she desires a hearing before
the commissioner issuing the proposed action to contest the finding
of a violation, that hearing shall be requested by written notice to
the commissioner within 20 days of the date of receipt of the written
notice of proposed action.
(d) A notice of the proposed action that is sent by certified mail
to the last known address of the person charged shall be considered
received even if delivery is refused or the notice is not accepted at
that address.
(e) If a hearing is requested, notice of the time and place of the
hearing shall be given at least 10 days before the date set for the
hearing. At the hearing, the person shall be given an opportunity to
review the commissioner's evidence and a right to present evidence on
his or her own behalf. If a hearing is not requested within the
prescribed time, the commissioner may take the action proposed
without a hearing.
(f) If the person upon whom the commissioner imposed a fine or
suspension or required attendance at a board-approved course of
instruction requested and appeared at a hearing before the
commissioner, the person may appeal the commissioner's decision to
the Disciplinary Review Committee and shall be subject to the
procedures in Section 8662.
(g) If a suspension or fine is ordered, it may not take effect
until 20 days after the date of the commissioner's decision if no
appeal is filed. If an appeal pursuant to Section 8662 is filed, the
commissioner's order shall be stayed until 30 days after the
Disciplinary Review Committee has ruled on the appeal.
(h) Failure of a licensee or registered company to pay a fine
within 30 days of the date of assessment or to comply with the order
of suspension, unless the citation is being appealed, may result in
disciplinary action being taken by the board.
(i) If a citation containing a fine is issued to a licensee and it
is not contested or the time to appeal the citation has expired and
the fine is not paid, the full amount of the assessed fine shall be
added to the fee for renewal of that license. A license shall not be
renewed without payment of the renewal fee and fine.
(j) If a citation containing a fine is issued to a registered
company and it is not contested or the time to appeal the citation
has expired and the fine is not paid, the board shall not sell to the
registered company any pesticide use stamps until the assessed fine
has been paid.
(k) If a citation containing the requirement that a licensee
attend and pass a board-approved course of instruction is not
contested or the time to appeal the citation has expired and the
licensee has not attended and passed the required board-approved
course of instruction, the licensee's license shall not be renewed
without proof of attendance and passage of the required
board-approved course of instruction.
(l) Once final action pursuant to this section is taken, no other
administrative or civil action may be taken by any state governmental
agency for the same violation. However, action taken pursuant to
this section may be used by the board as evidence of prior
discipline, and multiple local actions may be the basis for statewide
disciplinary action by the board pursuant to Section 8620. A
certified copy of the order of suspension or fine issued pursuant to
this section or Section 8662 shall constitute conclusive evidence of
the occurrence of the violation.
(m) If the board is the party issuing the notice of proposed
action to suspend or impose a fine pursuant to subdivision (a),
"commissioner" as used in subdivisions (c), (f), and (g) includes the
board's registrar.
(n) An action brought pursuant to this section shall be commenced
by the commissioner within two years of the occurrence of the
violation. If a commissioner submits a completed investigation to the
board for action by the registrar or the Attorney General, the
action shall be commenced within one year of that submission.
SEC. 31. Section 8622 of the Business and Professions Code is
amended to read:
8622. (a) When a complaint is accepted for investigation of a
registered company, the board, through an authorized representative,
may inspect any or all properties on which a report has been issued
pursuant to Section 8516 or a notice of completion has been issued
pursuant to Section 8518 by the registered company to determine
compliance with the provisions of this chapter and the rules and
regulations issued thereunder. If the board determines the property
or properties are not in compliance, a notice shall be sent to the
registered company so stating. The registered company shall have 30
days from the receipt of the notice to bring the property into
compliance, unless an extension is authorized by the board, and it
shall submit a new original report or completion notice or both and
an inspection fee of not more than one hundred twenty-five dollars
($125) for each property inspected. If a subsequent reinspection is
necessary, pursuant to the board's review of the new original report
or notice or both, a commensurate reinspection fee shall also be
charged. If the board's authorized representative makes no
determination or determines the property is in compliance, no
inspection fee shall be charged.
(b) The notice sent to the registered company shall inform the
registered company that if it desires a hearing to contest the
finding of noncompliance, the hearing shall be requested by written
notice to the board within 20 days of receipt of the notice of
noncompliance from the board. If a hearing is not requested pursuant
to this section, payment of any assessment shall not constitute an
admission of any noncompliance charged.
SEC. 32. Section 8643 of the Business and Professions Code is
amended to read:
8643. The negligent handling or use of any pesticide is a ground
for disciplinary action.
SEC. 33. Section 8647 of the Business and Professions Code is
amended to read:
8647. Failure to comply in the sale or use of pesticides with the
provisions of Chapter 2 (commencing with Section 12751) of Division
7 of the Food and Agricultural Code is a ground for disciplinary
action.
SEC. 34. Section 8651 of the Business and Professions Code is
amended to read:
8651. The performing or soliciting of structural pest control
work, the inspecting for structural or household pests, or the
applying of any pesticide for the purpose of eliminating,
exterminating, controlling, or preventing structural or household
pests in branches of pest control other than those for which the
operator, field representative, or applicator is licensed or the
company is registered is a ground for disciplinary action.
SEC. 35. Section 8660 of the Business and Professions Code is
amended to read:
8660. A disciplinary review committee consisting of three members
shall be established for the purposes of reviewing appeals of orders
issued pursuant to Section 8617. The committee shall be made up of
one member representing the Director of Pesticide Regulation and one
member representing the board. The third member shall be a licensed
pest control operator actively involved in the business of pest
control and shall be selected by agreement of the other members.
SEC. 36. Section 8672.1 is added to the Business and Professions
Code, to read:
8672.1. (a) As used in this chapter, "original applicator's
license" means an applicator's license issued for an individual who
did not have a license on the preceding June 30.
(b) For the purposes of this chapter, a renewal of an applicator's
license means an applicator's license issued to an individual who
had an applicator's license on June 30 of the preceding renewal
period.
SEC. 37. Section 8673 of the Business and Professions Code is
amended to read:
8673. License fees shall not be prorated unless an individual
licensed as an operator, a field representative, or an applicator
requests an earlier expiration date of one of the licenses in
accordance with Section 8590. All license and registration fees shall
be paid in advance of the issuance of the license or registration,
and all examination fees shall be paid in advance of the examination.
SEC. 38. Section 8674 of the Business and Professions Code is
amended to read:
8674. The fees prescribed by this chapter are the following:
(a) A duplicate license fee of not more than two dollars ($2).
(b) A fee for filing a change of name of a licensee of not more
than two dollars ($2).
(c) An operator's examination fee of not more than twenty-five
dollars ($25).
(d) An operator's license fee of not more than one hundred fifty
dollars ($150).
(e) An operator's license renewal fee of not more than one hundred
fifty dollars ($150).
(f) A company registration fee of not more than one hundred twenty
dollars ($120).
(g) A branch office registration fee of not more than sixty
dollars ($60).
(h) A field representative's examination fee of not more than
fifteen dollars ($15).
(i) A field representative's license fee of not more than
forty-five dollars ($45).
(j) A field representative's license renewal fee of not more than
forty-five dollars ($45).
(k) An applicator's examination fee of not more than fifteen
dollars ($15).
(l) An applicator's license fee of not more than fifty dollars
($50).
(m) An applicator's license renewal fee of not more than fifty
dollars ($50).
(n) An activity form fee, per property address, of not more than
three dollars ($3).
(o) A fee for certifying a copy of an activity form of not more
than three dollars ($3).
(p) A fee for filing a change of a registered company's name,
principal office address, or branch office address, qualifying
manager, or the names of a registered company's officers, or bond or
insurance of not more than twenty-five dollars ($25) for each change.
(q) A fee for approval of continuing education providers of not
more than fifty dollars ($50).
(r) A pesticide use report filing fee of not more than five
dollars ($5) for each pesticide use report or combination of use
reports representing a registered structural pest control company's
total county pesticide use for the month.
(s) A fee for approval of continuing education courses of not more
than twenty-five dollars ($25).
(t) (1) Any person who pays a fee pursuant to subdivision (r)
shall, in addition, pay a fee of two dollars ($2) for each pesticide
use stamp or stamp number purchased from the board. Notwithstanding
any other law, the fee established pursuant to this subdivision shall
be deposited into the Structural Pest Control Research Fund that is
hereby continued in existence and continuously appropriated to be
used only for structural pest control research.
(2) A charge for administrative expenses of the board in an amount
not to exceed 5 percent of the amount collected and deposited in the
Structural Pest Control Research Fund may be assessed against the
fund. The charge shall be limited to expenses directly related to the
administration of the fund.
(3) The board shall, by regulation, establish a five-member
research advisory panel, including, but not limited to,
representatives from the Structural Pest Control Board, the
structural pest control industry, the Department of Pesticide
Regulation, and the University of California. The panel, or other
entity designated by the board, shall solicit on behalf of the board
all requests for proposals and present to the panel all proposals
that meet the criteria established by the panel. The panel shall
review the proposals and recommend to the board which proposals to
accept. The recommendations shall be accepted upon a two-thirds vote
of the board. The board shall direct the panel, or other entity
designated by the board, to prepare and issue the research contracts
and authorize the transfer of funds from the Structural Pest Control
Research Fund to the applicants whose proposals were accepted by the
board.
(4) A charge for requests for proposals, contracts, and monitoring
of contracted research shall not exceed 5 percent of the research
funds available each year and shall be paid from the Structural Pest
Control Research Fund.
SEC. 38.5. Section 8674 of the Business
and Professions Code is amended to read:
8674. The fees prescribed by this chapter are the following:
(a) A duplicate license fee of not more than two dollars ($2).
(b) A fee for filing a change of name of a licensee of not more
than two dollars ($2).
(c) An operator's examination fee of not more than
twenty-five dollars ($25). one hundred dollars ($100).
(d) An operator's license fee of not more than one hundred fifty
dollars ($150).
(e) An operator's license renewal fee of not more than one hundred
fifty dollars ($150).
(f) A company registration fee of not more than one hundred twenty
dollars ($120).
(g) A branch office registration fee of not more than sixty
dollars ($60).
(h) A field representative's examination fee of not more than
fifteen dollars ($15). seventy-five dollars
($75).
(i) A field representative's license fee of not more than
forty-five dollars ($45).
(j) A field representative's license renewal fee of not more than
forty-five dollars ($45).
(k) An applicator's examination fee of not more than
fifteen dollars ($15). sixty dollars ($60).
(l) An applicator's license fee of not more than fifty dollars
($50).
(m) An applicator's license renewal fee of not more than fifty
dollars ($50).
(n) An activity form fee, per property address, of not more than
three dollars ($3).
(o) A fee for certifying a copy of an activity form of not more
than three dollars ($3).
(p) A fee for filing a change of a registered company's name,
principal office address, or branch office address, qualifying
manager, or the names of a registered company's officers, or bond or
insurance of not more than twenty-five dollars ($25) for each change.
(q) A fee for approval of continuing education providers of not
more than fifty dollars ($50).
(r) A pesticide use report filing fee of not more than five
dollars ($5) for each pesticide use report or combination of use
reports representing a registered structural pest control company's
total county pesticide use for the month.
(s) A fee for approval of continuing education courses of not more
than twenty-five dollars ($25).
(t) (1) Any person who pays a fee pursuant to subdivision (r)
shall, in addition, pay a fee of two dollars ($2) for each pesticide
use stamp or stamp number purchased from the board.
Notwithstanding any other provision of law, the
fee established pursuant to this subdivision shall be deposited
with a bank or other depository approved by the Department
of Finance and designated by the Research Advisory Panel or
into the Structural Pest Control Research Fund that is hereby
continued in existence and continuously appropriated to be used only
for structural pest control research. If the Research
Advisory Panel designates that the fees be deposited in an account
other than the Structural Pest Control Research Fund, any moneys in
the fund shall be transferred to the designated account.
(2) Prior to the deposit of any funds, the depository shall enter
into an agreement with the Department of Consumer Affairs that
includes, but is not limited to, all of the following requirements:
(A) The depository shall serve as custodian for the safekeeping of
the funds.
(B) Funds deposited in the designated account shall be encumbered
solely for the exclusive purpose of implementing and continuing the
program for which they were collected.
(C) Funds deposited in the designated account shall be subject to
an audit at least once every two years by an auditor selected by the
Director of Consumer Affairs. A copy of the audit shall be provided
to the director within 30 days of completion of the audit.
(D) The Department of Consumer Affairs shall be reimbursed for all
expenses it incurs that are reasonably related to implementing and
continuing the program for which the funds were collected in
accordance with the agreement.
(E) A reserve in an amount sufficient to pay for costs arising
from unanticipated occurrences associated with administration of the
program shall be maintained in the designated account.
(3)
(2) A charge for administrative expenses of the board
in an amount not to exceed 5 percent of the amount collected and
deposited in the Structural Pest Control Research Fund may be
assessed against the fund. The charge shall be limited to expenses
directly related to the administration of the fund.
(4)
(3) The board shall, by regulation, establish a
five-member research advisory panel, including, but not limited to,
representatives from each of the following: (A)
the Structural Pest Control Board, (B) the
structural pest control industry, (C) the
Department of Pesticide Regulation, and (D) the
University of California. The panel, or other entity designated by
the board, shall solicit on behalf of the board all requests for
proposals and present to the panel all proposals that meet the
criteria established by the panel. The panel shall review the
proposals and recommend to the board which proposals to accept. The
recommendations shall be accepted upon a two-thirds vote of the
board. The board shall direct the panel, or other entity designated
by the board, to prepare and issue the research contracts and
authorize the transfer of funds from the Structural Pest Control
Research Fund to the applicants whose proposals were accepted by the
board.
(5)
(4) A charge for requests for proposals, contracts, and
monitoring of contracted research shall not exceed 5 percent of the
research funds available each year and shall be paid from the
Structural Pest Control Research Fund.
SEC. 39. Section 38.5 of this bill incorporates
amendments to Section 8674 of the Business and Professions Code
proposed by both this bill and Assembly Bill 1685. It shall only
become operative if (1) both bills are enacted and become effective
on or before January 1, 2015, (2) each bill amends Section 8674 of
the Business and Professions Code, and (3) this bill is enacted after
Assembly Bill 1685, in which case Section 38 of this bill shall not
become operative.
