BILL NUMBER: AB 446 CHAPTERED
BILL TEXT
CHAPTER 306
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2001
APPROVED BY GOVERNOR SEPTEMBER 18, 2001
PASSED THE ASSEMBLY AUGUST 30, 2001
PASSED THE SENATE AUGUST 27, 2001
AMENDED IN SENATE JULY 17, 2001
AMENDED IN SENATE JULY 3, 2001
AMENDED IN ASSEMBLY APRIL 16, 2001
INTRODUCED BY Committee on Business and Professions (Correa
(Chair), Cedillo, Chavez, Koretz, Matthews, Nation, Shelley, and
Wesson)
FEBRUARY 20, 2001
An act to amend Sections 4841.5, 4842.2, 4843.5, 4883, 4901,
5680.1, 7581, 7725.2, 7881, 8507.1, 8513, 8516, 8517, 8518, 8538,
8551.5, 8560, 8562, 8564, 8564.5, 8565, 8565.5, 8566, 8566.5, 8593,
8616.5, 8651, 9746, 9750, 9801, and 9833 of, to add Section 121.5 to,
and to repeal Sections 8516.1 and 8516.2 of, the Business and
Professions Code, and to amend Section 1632 of the Civil Code,
relating to professions and vocations, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 446, Committee on Business and Professions. Professions and
vocations.
(1) Existing law provides for the licensure of persons in various
professions and vocations and requires payment of a renewal fee upon
the renewal of an expired license. Under existing law, these renewal
fees are deposited into funds that are continuously appropriated.
This bill would require, instead, that all accrued and unpaid
renewal fees be paid at the time of renewal of an expired license
unless the license or registration was designated as inactive or
retired. Because this bill would increase the amount of renewal fees
paid into a number of continuously appropriated funds, the bill
would make an appropriation.
(2) Existing law establishes the Registered Veterinary Technician
Examining Committee Fund.
This bill would change the name of that fund to the Registered
Veterinary Technician Committee Fund.
(3) The Private Security Services Act authorizes the Director of
Consumer Affairs to enforce and administer its provisions, and
authorizes the director to adopt and enforce reasonable rules in
connection with this function, including establishing the
qualifications a uniformed employee of a licensee who operates as a
private patrol operator is required to meet as a condition of
handling guide dogs.
This bill would delete this particular provision from the rules
that the director is authorized to adopt and enforce.
(4) The Electronic and Appliance Repair Dealer Registration Law
provides for the registration and regulation of service dealers, a
business which includes the repairing, servicing, or maintaining of
an electronic set. Under that law, an electronic set is defined as
including various types of electronic equipment, including cellular
telephones.
This bill would delete cellular telephones from the list of
equipment included in the definition of an electronic set.
(5) Existing law provides for the regulation and licensure by the
Structural Pest Control Board of a structural pest control applicator
and defines this term as including an individual who applies a
specified chemical substance for various purposes, including for wood
roof cleaning and treatment.
This bill would delete this particular purpose from the definition
of a structural pest control applicator and would make related,
conforming changes.
(6) Existing law requires a person engaged in a trade or business
who negotiates primarily in the Spanish language to provide a
Spanish-language translation of specified agreements to the
contracting party. Under existing law, the translation may be
submitted to the Department of Consumer Affairs to verify its
accuracy.
This bill would delete these terms providing for the department's
review of these translations.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 121.5 is added to the Business and Professions
Code, to read:
121.5. Except as otherwise provided in this code, no delinquency
fee or accrued and unpaid renewal fees shall be assessed upon the
renewal of an expired license or registration that has lawfully been
designated as inactive or retired.
SEC. 2. Section 4841.5 of the Business and Professions Code is
amended to read:
4841.5. To be eligible to take the written and practical
examination for registration as a registered veterinary technician,
the applicant shall:
(a) Be at least 18 years of age.
(b) Furnish satisfactory evidence of graduation from, at minimum,
a two-year curriculum in veterinary technology, in a college or other
postsecondary institution approved by the board, or the equivalent
thereof as determined by the board. In the case of a private
postsecondary institution, the institution shall also be approved by
the Bureau for Private Postsecondary and Vocational Education.
SEC. 3. Section 4842.2 of the Business and Professions Code is
amended to read:
4842.2. (a) Commencing July 1, 1998, all funds collected by the
board under this article shall be deposited in the Veterinary Medical
Board Contingent Fund.
(b) All unappropriated funds existing in the Registered Veterinary
Technician Committee Fund on July 1, 1998, shall be transferred to
the Veterinary Medical Board Contingent Fund.
(c) This section shall become operative July 1, 1998.
SEC. 4. Section 4843.5 of the Business and Professions Code is
amended to read:
4843.5. Except as otherwise provided in this article, an expired
certificate of registration may be renewed at any time within five
years after its expiration on filing of an application for renewal on
a form prescribed by the board, and payment of all accrued and
unpaid renewal fees. If the certificate of registration is renewed
more than 30 days after its expiration, the registrant, as a
condition precedent to renewal, shall also pay the delinquency fee
prescribed by this article. Renewal under this section shall be
effective on the date on which the application is filed, on the date
all renewal fees are paid, or on the date on which the delinquency
fee, if any, is paid, whichever occurs last.
SEC. 5. Section 4883 of the Business and Professions Code is
amended to read:
4883. The board may deny, revoke, or suspend a license or assess
a fine as provided in Section 4875 for any of the following:
(a) Conviction of a crime substantially related to the
qualifications, functions, or duties of veterinary medicine, surgery,
or dentistry, in which case the record of the conviction shall be
conclusive evidence.
(b) For having professional connection with, or lending one's name
to, any illegal practitioner of veterinary medicine and the various
branches thereof.
(c) Violation or attempting to violate, directly or indirectly,
any of the provisions of this chapter.
(d) Fraud or dishonesty in applying, treating, or reporting on
tuberculin or other biological tests.
(e) Employment of anyone but a veterinarian licensed in the state
to demonstrate the use of biologics in the treatment of animals.
(f) False or misleading advertising.
(g) Unprofessional conduct, that includes, but is not limited to,
the following:
(1) Conviction of a charge of violating any federal statutes or
rules or any statute or rule of this state regulating dangerous drugs
or controlled substances. The record of the conviction is
conclusive evidence thereof. A plea or verdict of guilty or a
conviction following a plea of nolo contendere is deemed to be a
conviction within the meaning of this section. The board may order
the license suspended or revoked, or assess a fine, or decline to
issue a license, when the time for appeal has elapsed, or the
judgment of conviction has been affirmed on appeal or when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw his or her plea of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, information or indictment.
(2) (A) The use of or prescribing for or administering to himself
or herself, any controlled substance.
(B) The use of any of the dangerous drugs specified in Section
4022, or of alcoholic beverages to the extent, or in any manner as to
be dangerous or injurious to a person licensed under this chapter,
or to any other person or to the public, or to the extent that the
use impairs the ability of the person so licensed to conduct with
safety the practice authorized by the license.
(C) The conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any of the
substances referred to in this section or any combination thereof,
and the record of the conviction is conclusive evidence.
A plea or verdict of guilty or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
this section. The board may order the license suspended or revoked
or assess a fine, or may decline to issue a license, when the time
for appeal has elapsed or the judgment of conviction has been
affirmed on appeal or when an order granting probation is made
suspending imposition of sentence, irrespective of a subsequent order
under Section 1203.4 of the Penal Code allowing the person to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the
accusation, information, or indictment.
(3) A violation of any federal statute, rule, or regulation or any
of the statutes, rules, or regulations of this state regulating
dangerous drugs or controlled substances.
(h) Failure to keep one's premises and all equipment therein in a
clean and sanitary condition.
(i) Fraud, deception, negligence, or incompetence in the practice
of veterinary medicine.
(j) Aiding or abetting in any acts that are in violation of any of
the provisions of this chapter.
(k) The employment of fraud, misrepresentation, or deception in
obtaining the license.
(l) The revocation, suspension, or other discipline by another
state or territory of a license or certificate to practice veterinary
medicine in that state or territory.
(m) Cruelty to animals, conviction on a charge of cruelty to
animals, or both.
(n) Disciplinary action taken by any public agency in any state or
territory for any act substantially related to the practice of
veterinary medicine.
(o) Violation, or the assisting or abetting violation, of any
regulations adopted by the board pursuant to this chapter.
SEC. 6. Section 4901 of the Business and Professions Code is
amended to read:
4901. Except as otherwise provided in this chapter, an expired
license may be renewed at any time within five years after its
expiration on filing of an application for renewal on a form
prescribed by the board, and payment of all accrued and unpaid
renewal fees. If the license is renewed more than 30 days after its
expiration, the licensee, as a condition precedent to renewal, shall
also pay the delinquency fee prescribed by this chapter. Renewal
under this section shall be effective on the date on which the
application is filed, on the date on which all renewal fees are paid,
or on the date on which the delinquency fee, if any, is paid,
whichever last occurs. If so renewed, the license shall continue in
effect through the expiration date provided in Section 4900 that next
occurs after the effective date of the renewal, when it shall expire
if it is not again renewed.
SEC. 7. Section 5680.1 of the Business and Professions Code is
amended to read:
5680.1. Except as otherwise provided in this chapter, a license
that has expired may be renewed at any time within three years after
its expiration on filing of an application for renewal on a form
prescribed by the board, and payment of all accrued and unpaid
renewal fees. If the license is renewed more than 30 days after its
expiration, the licenseholder, as a condition precedent to renewal,
shall also pay the delinquency fee prescribed by this chapter.
Renewal under this section shall be effective on the date on which
the application is filed, on the date on which all renewal fees are
paid, or on the date on which the delinquency fee, if any, is paid,
whichever last occurs. If so renewed, the license shall continue in
effect through the date provided in Section 5680 that next occurs
after the effective date of the renewal, when it shall expire if it
is not again renewed.
SEC. 8. Section 7581 of the Business and Professions Code is
amended to read:
7581. The director may adopt and enforce reasonable rules, as
follows:
(a) Classifying licensees according to the type of business
regulated by this chapter in which they are engaged, including, but
not limited to, persons employed by any lawful business as security
guards or patrolpersons, and armored contract carriers and limiting
the field and scope of the operations of a licensee to those in which
he or she is classified and qualified to engage.
(b) Fixing the qualifications of licensees and managers, in
addition to those prescribed in this chapter, necessary to promote
and protect the public welfare.
(c) Carrying out generally the provisions of this chapter,
including regulation of the conduct of licensees.
(d) Establishing the qualifications that any person employed by a
private patrol operator or any lawful business as a security guard or
patrolperson, or employed by an armored contract carrier, must meet
as a condition of becoming eligible to carry firearms pursuant to
subdivision (d) of Section 12031 of the Penal Code.
(e) Requiring each uniformed employee of a private patrol operator
and each armored vehicle guard, as defined in this chapter, and any
other person employed and compensated by a private patrol operator or
any lawful business as a security guard or patrolperson and who in
the course of this employment carries a deadly weapon to be
registered with the bureau upon application on a form prescribed by
the director accompanied by the registration fee and by two
classifiable sets of fingerprints of the applicant or its equivalent
as determined by the director and approved by the Department of
Justice, establishing the term of the registration for a period of
not less than two nor more than four years, and providing for the
renewal thereof upon proper application and payment of the renewal
fee. The director may, after opportunity for a hearing, refuse this
registration to any person who lacks good moral character, and may
impose reasonable additional requirements as are necessary to meet
local needs that are not inconsistent with the provisions of this
chapter.
(f) Establishing procedures whereby the local authorities of any
city, county, or city and county may file charges with the director
alleging that any registered security guard or patrolperson, or
anyone who is an applicant for registration, with the bureau fails to
meet standards for registration, and providing further for the
investigation of the charges.
(g) Requiring private patrol operators and any lawful business to
maintain detailed records identifying all firearms in their
possession or under their control, and the employees or persons
authorized to carry or have access to those firearms.
SEC. 9. Section 7725.2 of the Business and Professions Code is
amended to read:
7725.2. Except as otherwise provided in this article, a license
that has expired may be renewed at any time within five years after
its expiration on filing of an application for renewal on a form
prescribed by the bureau and payment of all accrued and unpaid
renewal fees. If the license is not renewed within 30 days after its
expiration the licensee, as a condition precedent to renewal, shall
also pay the delinquency fee prescribed by this chapter. Renewal
under this section shall be effective on the date on which the
application is filed, on the date on which all renewal fees are paid,
or on the date on which the delinquency fee, if any, is paid,
whichever last occurs. If so renewed, the license shall continue in
effect through the date provided in Section 7725 that next occurs
after the effective date of the renewal, when it shall expire if it
is not again renewed.
If a license is not renewed within one year following its
expiration, the bureau may require as a condition of renewal that the
holder of the license pass an examination on the appropriate
subjects provided by this chapter.
SEC. 10. Section 7881 of the Business and Professions Code is
amended to read:
7881. Except as otherwise provided in this article, certificates
of registration as a geologist or as a geophysicist, or certified
specialty certificates, may be renewed at any time within five years
after expiration on filing an application for renewal on a form
prescribed by the board and payment of all accrued and unpaid renewal
fees. If the certificate is renewed more than 30 days after its
expiration, the certificate holder, as a condition precedent to
renewal, shall also pay the delinquency fee prescribed by this
chapter. Renewal under this section shall be effective on the date
on which the application is filed, on the date on which all renewal
fees are paid, or on the date on which the delinquency fee, if any,
is paid, whichever last occurs. If so renewed, the certificate shall
continue in effect through the date provided in Section 7880 that
next occurs after the effective date of the renewal, when it shall
expire if it is not again renewed.
SEC. 11. Section 8507.1 of the Business and Professions Code is
amended to read:
8507.1. (a) "Structural pest control applicator" is any
individual who is licensed by the board to apply a pesticide,
rodenticide, or allied chemicals or substances for the purpose of
eliminating, exterminating, controlling, or preventing infestation or
infections of pests or organisms included in Branch 2 or Branch 3 on
behalf of a registered company.
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 8513 of the Business and Professions Code is
amended to read:
8513. (a) The board shall prescribe a form entitled "Notice to
Owner" that shall describe, in nontechnical language and in a clear
and coherent manner using words with common and everyday meaning, the
pertinent provisions of this state's mechanics' lien laws and the
rights and responsibilities of an owner of property and a registered
pest control company thereunder. Each company registered under this
chapter, prior to entering into a contract with an owner for work for
which a company registration is required, shall give a copy of this
"Notice to Owner" to the owner, his or her agent, or the payer.
(b) No company that is required to be registered under this
chapter shall require or request a waiver of lien rights from any
subcontractor, employee, or supplier.
(c) Each company registered under this chapter that acts as a
subcontractor for another company registered under this chapter
shall, within 20 days of commencement of any work for which a company
registration is required, give the preliminary 20-day notice
(private work) in accordance with the provisions of Section 3097 of
the Civil Code, to the owner, his or her agent, or the payer.
(d) Each company registered under this chapter that acts as a
prime contractor for work for which a company registration is
required shall, prior to accepting payment for the work, furnish to
the owner, his or her agent, or the payer a full and unconditional
release from any claim of mechanics' lien by any subcontractor
entitled to enforce a mechanics' lien pursuant to Section 3114 of the
Civil Code.
(e) Each company registered under this chapter that subcontracts
to another company registered under this chapter work for which a
company registration is required shall furnish to the subcontractor
the name of the owner, his or her agent, or the payer.
(f) The provisions of this section shall be applicable only to
those registered companies, as defined in Section 8506.1, operating
pursuant to a Branch 1 or Branch 3 registration.
(g) A violation of the provisions of this section is a ground for
disciplinary action.
SEC. 13. Section 8516 of the Business and Professions Code is
amended to read:
8516. (a) This section, and Section 8519, apply only to wood
destroying pests or organisms.
(b) No registered company or licensee shall commence work on a
contract, or sign, issue, or deliver any documents expressing an
opinion or statement relating to the absence or presence of wood
destroying pests or organisms until an inspection has been made by a
licensed Branch 3 field representative or operator. The address of
each property inspected or upon which work is 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 the commencement of an
inspection or upon completed work.
Every property inspected pursuant to this subdivision or Section
8518 shall be assessed a filing fee pursuant to Section 8674.
Failure of a registered company to report and file with the board
the address of any property inspected or work completed pursuant to
Section 8518 or this section 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).
A written inspection report conforming to this section and on a
form approved by the board shall be prepared and delivered to the
person requesting the inspection or to the person's designated agent
within 10 business days of the inspection, except that an inspection
report prepared for use by an attorney for litigation purposes is not
required to be reported to the board. The report shall be delivered
before work is commenced on any property. The registered company
shall retain for three years all original inspection reports, filed
notes, and activity forms.
Reports 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 inspection reports or
copies thereof shall be submitted to the board upon request within
two business days. The following shall be set forth in the report:
(1) The date of the inspection and the name of the licensed field
representative or operator making the inspection.
(2) The name and address of the person or firm ordering the
report.
(3) The name and address of any person who is a party in interest.
(4) The address or location of the property.
(5) A general description of the building or premises inspected.
(6) A foundation diagram or sketch of the structure or structures
or portions of the structure or structures inspected, indicating
thereon the approximate location of any infested or infected areas
evident, and the parts of the structure where conditions that would
ordinarily subject those parts to attack by wood destroying pests or
organisms exist.
(7) Information regarding the substructure, foundation walls and
footings, porches, patios and steps, air vents, abutments, attic
spaces, roof framing that includes the eaves, rafters, fascias,
exposed timbers, exposed sheathing, ceiling joists, and attic walls,
or other parts subject to attack by wood destroying pests or
organisms. Conditions usually deemed likely to lead to infestation
or infection, such as earth-wood contacts, excessive cellulose
debris, faulty grade levels, excessive moisture conditions, evidence
of roof leaks, and insufficient ventilation are to be reported.
(8) One of the following statements, as appropriate, printed in
bold type:
(A) The exterior surface of the roof was not inspected. If you
want the water tightness of the roof determined, you should contact a
roofing contractor who is licensed by the Contractors' State License
Board.
(B) The exterior surface of the roof was inspected to determine
whether or not wood destroying pests or organisms are present.
(9) Indication or description of any areas that are inaccessible
or not inspected with recommendation for further inspection if
practicable. If, after the report has been made in compliance with
this section, authority is given later to open inaccessible areas, a
supplemental report on conditions in these areas shall be made.
(10) Recommendations for corrective measures.
(11) Information regarding the pesticide or pesticides to be used
for their control as set forth in subdivision (a) of Section 8538.
(12) The inspection report shall clearly disclose that if
requested by the person ordering the original report, a reinspection
of the structure will be performed if an estimate or bid for making
repairs was given with the original inspection report, or thereafter.
(13) The inspection report shall contain the following statement,
printed in boldface type:
"NOTICE: Reports on this structure prepared by various registered
companies should list the same findings (i.e. termite infestations,
termite damage, fungus damage, etc.). However, recommendations to
correct these findings may vary from company to company. You have a
right to seek a second opinion from another company."
An estimate or bid for repairs shall be given separately
allocating the costs to perform each and every recommendation for
corrective measures as specified in subdivision (c) with the original
inspection report if the person who ordered the original inspection
report so requests, and if the registered company is regularly in the
business of performing corrective measures.
If no estimate or bid was given with the original inspection
report, or thereafter, then the registered company shall not be
required to perform a reinspection.
A reinspection shall be an inspection of those items previously
listed on an original report to determine if the recommendations have
been completed. Each reinspection shall be reported on an original
inspection report form and shall be labeled "Reinspection" in capital
letters by rubber stamp or typewritten. Each reinspection shall
also identify the original report by date and stamp numbers.
After four months from an original inspection, all inspections
shall be original inspections and not reinspections.
Any reinspection shall be performed for not more than the price of
the registered company's original inspection price and shall be
completed within 10 working days after a reinspection has been
ordered.
(c) At the time a report is ordered, the registered company or
licensee shall inform the person or entity ordering the report, that
a separated report is available pursuant to this subdivision. If a
separated report is requested at the time the inspection report is
ordered, the registered company or licensee shall separately identify
on the report each recommendation for corrective measures as
follows:
(1) The infestation or infection that is evident.
(2) The conditions that are present that are deemed likely to lead
to infestation or infection.
If a registered company or licensee fails to inform as required by
this subdivision and a dispute arises, or if any other dispute
arises as to whether this subdivision has been complied with, a
separated report shall be provided within 24 hours of the request
but, in no event, later than the next business day, and at no
additional cost.
(d) When a corrective condition is identified, either as paragraph
(1) or (2) of subdivision (c), and the responsible party, as
negotiated between the buyer and the seller, chooses not to correct
those conditions, the registered company or licensee shall not be
liable for damages resulting from a failure to correct those
conditions or subject to any disciplinary action by the board.
Nothing in this subdivision, however, shall relieve a registered
company or a licensee of any liability resulting from negligence,
fraud, dishonest dealing, other violations pursuant to this chapter,
or contractual obligations between the registered company or licensee
and the responsible parties.
(e) The inspection report form prescribed by the board shall
separately identify the infestation or infection that is evident and
the conditions that are present that are deemed likely to lead to
infestation or infection. If a separated form is requested, the form
shall explain the infestation or infection that is evident and the
conditions that are present that are deemed likely to lead to
infestation or infection and the difference between those conditions.
In no event, however, shall conditions deemed likely to lead to
infestation or infection be characterized as actual "defects" or as
actual "active" infestations or infections or in need of correction
as a precondition to issuing a certification pursuant to Section
8519.
(f) The report and any contract entered into shall also state
specifically when any guarantee for the work is made, and if so, the
specific terms of the guarantee and the period of time for which the
guarantee shall be in effect.
(g) Control service is defined as the regular reinspection of a
property after a report has been made in compliance with this section
and any corrections as have been agreed upon have been completed.
Under a control service agreement a registered company shall refer to
the original report and contract in a manner as to identify them
clearly, and the report shall be assumed to be a true report of
conditions as originally issued, except it may be modified after a
control service inspection. A registered company is not required to
issue a report as outlined in paragraphs (1) to (11), inclusive, of
subdivision (b) after each control service inspection. If after
control service inspection, no modification of the original report is
made in writing, then it will be assumed that conditions are as
originally reported. A control service contract shall state
specifically the particular wood destroying pests or organisms and
the portions of the buildings or structures covered by the contract.
(h) A registered company or licensee may enter into and maintain a
control service agreement provided the following requirements are
met:
(1) The control
service agreement shall be in writing, signed by both parties, and
shall specifically include the following:
(A) The wood destroying pests and organisms that could infest and
infect the structure.
(B) The wood destroying pests and organisms covered by the control
service agreement. Any wood destroying pest or organism that is not
covered must be specifically listed.
(C) The type and manner of treatment to be used to correct the
infestations or infections.
(D) The structures or buildings, or portions thereof, covered by
the agreement, including a statement specifying whether the coverage
for purposes of periodic inspections is limited or full. Any
exclusions from those described in the original report must be
specifically listed.
(E) A reference to the original inspection report and agreement.
(F) The frequency of the inspections to be provided, the fee to be
charged for each renewal, and the duration of the agreement.
(G) Whether the fee includes structural repairs.
(H) If the services provided are guaranteed, and, if so, the terms
of the guarantee.
(I) A statement that all corrections of infestations or infections
covered by the control service agreement shall be completed within
six months of discovery, unless otherwise agreed to in writing by
both parties.
(2) Inspections made pursuant to a control service agreement shall
be conducted by a Branch 3 licensee. Section 8506.1 does not modify
this provision.
(3) A full inspection of the property covered by the control
service agreement shall be conducted and a report filed pursuant to
subdivision (b) at least once every three years from the date that
the agreement was entered into, unless the consumer cancels the
contract within three years from the date the agreement was entered
into.
(4) A written report shall be required for the correction of any
infestation or infection unless all of the following conditions are
met:
(A) The infestation or infection has been previously reported.
(B) The infestation or infection is covered by the control service
agreement.
(C) There is no additional charge for correcting the infestation
or infection.
(D) Correction of the infestation or infection takes place within
45 days of its discovery.
(E) Correction of the infestation or infection does not include
fumigation.
(5) All notice requirements pursuant to Section 8538 shall apply
to all pesticide treatments conducted under control service
agreements.
(6) For purposes of this section, "control service agreement"
means any agreement, including extended warranties, to have a
licensee conduct over a period of time regular inspections and other
activities related to the control or eradication of wood destroying
pests and organisms.
(i) All work recommended by a registered company, where an
estimate or bid for making repairs was given with the original
inspection report, or thereafter, shall be recorded on this report or
a separate work agreement and shall specify a price for each
recommendation. This information shall be provided to the person
requesting the inspection, and shall be retained by the registered
company with the inspection report copy for three years.
SEC. 14. Section 8516.1 of the Business and Professions Code is
repealed.
SEC. 15. Section 8516.2 of the Business and Professions Code is
repealed.
SEC. 16. Section 8517 of the Business and Professions Code is
amended to read:
8517. Any work contract, billing, agreement, letter of work
completed, or other correspondence or document expressing an opinion
or making a statement relating to the presence or absence of wood
destroying pests or organisms or nondecay fungi, shall refer to the
inspection report required by Section 8516. These documents shall
indicate specifically whether all of the recommended work as set
forth in the inspection report was completed, or, if not, the
document shall indicate specifically which recommendations were not
completed.
SEC. 17. Section 8518 of the Business and Professions Code is
amended to read:
8518. 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 working 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.
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 working days after
completed work.
Every property upon which work is completed shall be assessed a
filing fee pursuant to Section 8674.
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).
The registered company shall retain for three years all original
notices of work completed, work not completed, and activity forms.
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. 18. Section 8538 of the Business and Professions Code is
amended to read:
8538. (a) A registered structural pest control company shall
provide the owner, or owner's agent, and tenant of the premises for
which the work is to be done with clear written notice which contains
the following statements and information using words with common and
everyday meaning:
(1) The pest to be controlled.
(2) The pesticide or pesticides proposed to be used, and the
active ingredient or ingredients.
(3) "State law requires that you be given the following
information: CAUTION--PESTICIDES ARE TOXIC CHEMICALS. Structural
Pest Control Companies are registered and regulated by the Structural
Pest Control Board, and apply pesticides which are registered and
approved for use by the California Department of Pesticide Regulation
and the United States Environmental Protection Agency. Registration
is granted when the state finds that based on existing scientific
evidence there are no appreciable risks if proper use conditions are
followed or that the risks are outweighed by the benefits. The
degree of risk depends upon the degree of exposure, so exposure
should be minimized."
"If within 24 hours following application you experience symptoms
similar to common seasonal illness comparable to the flu, contact
your physician or poison control center (telephone number) and your
pest control company immediately." (This statement shall be modified
to include any other symptoms of overexposure which are not typical
of influenza.)
"For further information, contact any of the following: Your Pest
Control Company (telephone number); for Health Questions--the County
Health Department (telephone number); for Application
Information--the County Agricultural Commissioner (telephone number)
and for Regulatory Information--the Structural Pest Control Board
(telephone number and address)."
(4) If a contract for periodic pest control has been executed, the
frequency with which the treatment is to be done.
(b) In the case of Branch 1 applications, the notice, as
prescribed by subdivision (a), shall be provided at least 48 hours
prior to application unless fumigation follows inspection by less
than 48 hours.
In the case of Branch 2 or Branch 3 registered company
applications, the notice, as prescribed by subdivision (a) shall be
provided no later than prior to application.
In either case, the notice shall be given to the owner, or owner's
agent, and tenant, if there is a tenant, in at least one of the
following ways:
(1) First-class mail.
(2) Posting in a conspicuous place on the real property.
(3) Personal delivery.
If the building is commercial or industrial, a notice shall be
posted in a conspicuous place, unless the owner or owner's agent
objects, in addition to any other notification required by this
section.
The notice shall only be required to be provided at the time of
the initial treatment if a contract for periodic service has been
executed. If the pesticide to be used is changed, another notice
shall be required to be provided in the manner previously set forth
herein.
(c) Any person or licensee who, or registered company which,
violates any provision of this section is guilty of a misdemeanor and
is punishable as set forth in Section 8553.
SEC. 19. Section 8551.5 of the Business and Professions Code is
amended to read:
8551.5. No unlicensed individual in the employ of a registered
company shall apply any pesticide, rodenticide, or allied chemicals
or substances for the purpose of eliminating, exterminating,
controlling, or preventing infestation or infections of pests, or
organisms included in Branch 2 or Branch 3. However, an individual
may, for 30 days from the date of hire, apply pesticides,
rodenticides, or allied chemicals 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 30-day time period may not be extended.
SEC. 20. 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.
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:
Branch 1. Fumigation. The practice relating to the control of
household and wood destroying pests or organisms by fumigation with
poisonous or lethal gases.
Branch 2. General pest. The practice relating to the control of
household pests, excluding fumigation with poisonous or lethal gases.
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.
(b) 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.
(c) Unless otherwise authorized by the board, all written
examinations shall be in ink in books supplied by the board. All
examination papers shall be kept for a period of one year, upon the
expiration of which these papers 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 examination
papers are graded. No person shall be admitted to the examination
room except members of the board, the examining personnel, and the
applicants for license.
(d) The board shall make rules and regulations for the purpose of
securing fair, impartial, and proper examinations.
(e) Licensees may be licensed in other branches upon complying
with the requirements for qualification and by examination in those
other branches. No failure of the licensee to pass examination in
the other branch or branches shall have any effect on existing
licenses.
(f) The examination shall be in each of the subjects specified in
the branch or branches relating to the respective applications.
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. 21. Section 8562 of the Business and Professions Code is
amended to read:
8562. To obtain an original operator's license, an applicant
shall submit to the registrar an application in writing containing
the statement that the applicant desires the issuance of an operator'
s license under the terms of this chapter.
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:
(a) The name of the applicant.
(b) 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
For the purpose of this subdivision one year shall equal 1,600
hours of actual experience in the field.
(c) A designation of the branch or branches for which the
application is made.
(d) The fees prescribed by this chapter.
(e) No operator's license shall be issued to an individual under
18 years of age.
(f) 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. 22. Section 8564 of the Business and Professions Code is
amended to read:
8564. To obtain an original field representative's license, an
applicant shall submit to the registrar an application in writing
containing a statement that the applicant desires the issuance of a
field representative's license under the terms of this chapter.
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:
(a) The length of time during which the applicant has engaged in
any work relating to pest control.
(b) The name and place of business of the person who last employed
him or her.
(c) The name of the person by whom the applicant is employed.
(d) The name of the registered company by which the applicant is
to be employed.
(e) The fees prescribed by this chapter.
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.
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.
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. 23. Section 8564.5 of the Business and Professions Code is
amended to read:
8564.5. (a) Any individual 18 years of age or older may apply for
a license as applicator.
(b) The board shall ascertain by written examination that an
applicant for a license as applicator in Branch 2 or Branch 3 has
sufficient knowledge in pesticide equipment, pesticide mixing and
formulation, pesticide application procedures and pesticide label
directions.
(c) Passage of the written examination authorizes an individual to
apply any chemical substance in Branch 2 or Branch 3.
(d) The board may charge a fee for any examination required by
this section in an amount sufficient to cover the cost of
administering the examination, provided, however, that the fee shall
not exceed fifteen dollars ($15).
(e) Nothing in this chapter shall prohibit an applicator,
authorized to apply any chemical substance in Branch 2 or Branch 3
before January 1, 1995, from acting as an applicator pursuant to that
authorization. Upon expiration of the authorization, an applicator'
s license shall be required.
SEC. 24. Section 8565 of the Business and Professions Code is
amended to read:
8565. The board shall ascertain by written 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, writing, and
spelling.
(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) Poisonous and other dangerous chemicals 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. 25. Section 8565.5 of the Business and Professions Code is
amended to read:
8565.5. (a) An applicant for a Branch 1 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(6) Fumigation safety.
(b) An applicant for a Branch 2 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(c) An applicant for a Branch 3 operator's license shall
demonstrate to the board that he or she has passed satisfactorily
board-approved courses in the following areas:
(1) Pesticides.
(2) Pest identification and biology.
(3) Contract law.
(4) Rules and regulations.
(5) Business practices.
(6) Construction repair and preservation techniques.
The board shall develop a correspondence course or courses with
any educational institution or institutions as it deems appropriate.
These courses may be used to fulfill the requirements of this
section. The institution may charge a reasonable fee for each
course.
SEC. 26. Section 8566 of the Business and Professions Code is
amended to read:
8566. The board shall ascertain by written 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) Poisonous and other dangerous chemicals 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. 27. Section 8566.5 of the Business and Professions Code is
amended to read:
8566.5. An individual shall be permitted to hold only one license
in the same branch at the same time.
If an individual who holds an operator's license requests to be
licensed as a field representative or applicator, he or she may apply
for a field representative's license or applicator's license and
shall be granted the license without examination, if he or she
surrenders his or her operator's license to the board, and provided
that no disciplinary action has been initiated against the operator's
license prior to the date of the individual's application for a
field representative's license or applicator's license.
If an individual who holds a field representative's license
requests to be licensed as an applicator, he or she may apply for an
applicator's license and he or she shall be granted the license
without examination, if he or she surrenders his or her field
representative's license to the board, and if no disciplinary action
has been initiated against the field representative's license prior
to the date of the individual's application for an applicator's
license.
SEC. 28. Section 8593 of the Business and Professions Code is
amended to read:
8593. The board shall require as a condition to the renewal of
each operator's and field representative's license that the holder
submit proof satisfactory to the board that he or she has informed
himself or herself of developments in the field of pest control
either by completion of courses of continuing education in pest
control 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 take and successfully complete an examination
given by the board, designed to test his or her knowledge of
developments in the field of pest control since the issuance of his
or her license.
The board shall develop a correspondence course or courses with
any educational institution or institutions as it deems appropriate.
This course may be used to fulfill the requirements of this section.
The institution may charge a reasonable fee for each course.
The board may charge a fee for the taking of an examination in
each branch of pest control pursuant to this section in an amount
sufficient to cover the cost of administering each examination,
provided, however, that in no event shall the fee exceed fifty
dollars ($50) for each examination.
SEC. 29. Section 8616.5 of the Business and Professions Code is
amended to read:
8616.5. (a) The county agricultural commissioner shall be the
lead agency for inspections and routine investigations of pesticide
use by the board licensees and registered companies, and of persons
engaged in unlicensed structural pest control. When a matter is
referred to the board for action, the board shall be the lead agency
and may require that the commissioner assist in any investigation.
(b) The board and the Director of Pesticide Regulation shall
jointly develop the list of the types of investigations to be
conducted by the commissioner that may result in the suspension of a
license or company registration, or the imposition of a fine,
pursuant to Section 8617 and the list of the types of violations that
the commissioner shall refer to the board for disciplinary action.
(c) As used in subdivision (a), the term "routine investigations"
means all investigations of pesticide misuse by a board licensee or
registered company except (1) investigation of misuse incidents that
are referred to the board for disciplinary action or that are the
basis for county actions to suspend or fine structural pest control
licensees or registered companies in accordance with the lists
promulgated pursuant to subdivision (b), or (2) any investigation
performed by the county agricultural commissioner that has been
requested by the board and involves exclusively a violation of this
code.
SEC. 30. 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, chemical, or allied substance for the
purpose of eliminating, exterminating, controlling, or preventing
structural 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. 31. Section 9746 of the Business and Professions Code is
amended to read:
9746. All cremated remains disposer registrations shall expire at
12 midnight on September 30th of each year. A person desiring to
renew his or her registration shall file an application for renewal
on a form prescribed by the bureau accompanied by the required fee.
A registration that has expired may be renewed within five years of
its expiration upon payment of all accrued and unpaid renewal fees.
The bureau shall not renew the registration of any person who has not
filed the required annual report until he or she has filed a
complete annual report with the department.
SEC. 32. Section 9750 of the Business and Professions Code is
amended to read:
9750. The amount of fees prescribed for a license or certificate
of authority under this act is that fixed by the following provisions
of this article. Any license or certificate of authority provided
under this act that has expired may be
renewed within five years of its expiration upon
payment of all accrued and unpaid renewal and regulatory fees.
SEC. 33. Section 9801 of the Business and Professions Code is
amended to read:
9801. The following terms as used in this chapter have the
meaning expressed in this section:
(a) "Person" includes a firm, partnership, association, limited
liability company, or corporation.
(b) "Department" means the Department of Consumer Affairs.
(c) "Director" means the Director of Consumer Affairs.
(d) "Bureau" means the Bureau of Electronic and Appliance Repair.
(e) "Chief" means the Chief of the Bureau of Electronic and
Appliance Repair.
(f) "Service dealer" means a person who, for compensation, engages
in, or holds himself or herself out to the public as offering
services in the business of:
(1) Repairing, servicing, or maintaining an electronic set
normally used or sold for personal, family, household, or home office
use.
(2) Installing, repairing, servicing, or maintaining equipment or
a burglar alarm system for use in private motor vehicles.
(3) Installing, repairing, servicing, or maintaining television or
radio receiver antennas, rotators, and accessories or direct
satellite signal receiving equipment located on or adjacent to a
residence and not involving a function that is subject to and
regulated under the provisions of Chapter 9 (commencing with Section
7000).
(4) Repairing, servicing, or maintaining major appliances.
(g) "Equipment" for the purposes of this chapter means an
electronic set, appliance, antenna, rotator, and accessories.
(h) "Electronic set" includes, but is not limited to, any
television, radio, audio or video recorder or playback equipment,
video camera, video game, video monitor, computer system,
photocopier, or facsimile machine normally used or sold for personal,
family, household, or home office use.
(i) "Appliance" or "major home appliance" includes, but is not
limited to, any refrigerator, freezer, range, microwave oven, washer,
dryer, dishwasher, trash compactor, or room air-conditioner normally
used or sold for personal, family, household, or home office use, or
for use in private motor vehicles.
(j) "Antenna" includes, but is not limited to, a resonant device
designed especially for the purpose of capturing electromagnetic
energy transmitted by direct satellite or commercial radio or
television broadcasting facilities. An antenna and its associated
accessories are not deemed to be a part of a set and shall be
considered, under this section, to be located outside or in the attic
of a residence.
(k) "Rotator," when used in connection with an antenna
installation or repair, includes, but is not limited to, an
electromechanical device operated from a remote location to rotate an
antenna on a horizontal plane. A rotator and its associated
accessories are not deemed to be a part of a set and shall be
considered under this section, with the exception of the directional
control unit, to be located outside or in the attic of a residence.
(l) "Accessories," when used in connection with an antenna or
rotator installation or repair, includes, but is not limited to,
masts, towers, clamps, guy wires, eye hooks, standoff insulators,
roof saddles, vent pipe mounts, chimney mount kits, signal
amplifiers/boosters, multiset couplers, transmission lines, control
cables, directional control units, and other devices as may be used
from time to time to effect installation or repair.
(m) "Computer system" includes, but is not limited to, a central
processing unit that performs data manipulation functions, and any
associated peripheral devices, including, but not limited to,
keyboards, display terminals, printers, or disk drives.
(n) "Video game" includes, but is not limited to, any electronic
amusement device that utilizes a computer, microprocessor, or similar
electronic circuitry and its own cathode ray tube or a television
set or a monitor.
(o) "Direct satellite signal receiving equipment" includes, but is
not limited to, receivers, down converters, amplifiers, and audio or
video processors related to the reception of audio, video, or data
signals broadcasted or rebroadcasted by communication satellites
located in space.
(p) "Electronic repair industry" means those activities defined in
paragraph (1), (2), or (3) of subdivision (f).
(q) "Appliance repair industry" means those activities defined in
paragraph (4) of subdivision (f).
SEC. 34. Section 9833 of the Business and Professions Code is
amended to read:
9833. A registrant shall notify the bureau in writing, within 30
days, of any change to the information provided by the form specified
in Section 9830. A service dealer shall not be required to notify
the bureau of employee changes. The director shall make regulations
prescribing the procedure for keeping the registration information
current.
SEC. 35. Section 1632 of the Civil Code is amended to read:
1632. (a) Any person engaged in a trade or business who
negotiates primarily in the Spanish language orally or in writing in
the course of entering into: (1) A contract or agreement subject
to the provisions of Title 2 (commencing with Section 1801) of, and
Chapter 2b (commencing with Section 2981) and Chapter 2d (commencing
with Section 2985.7) of Title 14 of, Part 4 of Division 3; (2) A
loan or extension of credit secured other than by real property, or
unsecured, for use primarily for personal, family or household
purposes; (3) A lease, sublease, rental contract or agreement, or
other term of tenancy contract or agreement, for a period of longer
than one month, covering a dwelling, an apartment, or mobilehome, or
other dwelling unit normally occupied as a residence; or (4)
Notwithstanding paragraph (2), a loan or extension of credit for use
primarily for personal, family or household purposes where the loan
or extension of credit is subject to the provisions of Article 7
(commencing with Section 10240) of Chapter 3 of Part 1 of Division 4
of the Business and Professions Code, or Division 7 (commencing with
Section 18000), or Division 9 (commencing with Section 22000) of the
Financial Code; or (5) A contract or agreement, containing a
statement of fees or charges, entered into for the purpose of
obtaining legal services, when the person who is engaged in business
is currently licensed to practice law pursuant to Chapter 4
(commencing with Section 6000) of Division 3 of the Business and
Professions Code; shall, deliver to the party to the contract or
agreement and prior to the execution thereof, an unexecuted
Spanish-language translation of the contract or agreement, except
that for a loan subject to this part and to the provisions of Article
7 (commencing with Section 10240) of Chapter 3 of Part 1 of Division
4 of the Business and Professions Code, the delivery of a
Spanish-language translation of the statement to borrower required by
Section 10240 of the Business and Professions Code, shall be deemed
compliance with this subdivision. At the time and place where a
contract or agreement described in this paragraph is entered into, a
Spanish-language notice shall be provided to the lessee or tenant.
(b) Provision by a supervised financial organization of a
Spanish-language translation of the disclosures required by
Regulation M or Regulation Z, and, if applicable, Division 7
(commencing with Section 18000) or Division 9 (commencing with
Section 22000) of the Financial Code, prior to the execution of the
contract shall also be deemed compliance with the requirements of
subdivision (a) with regard to the original contract or agreement.
(1) "Regulation M" and "Regulation Z" mean any rule, regulation,
or interpretation promulgated by the Board of Governors of the
Federal Reserve System and any interpretation or approval issued by
an official or employee duly authorized by the board to issue
interpretations or approvals dealing with, respectively, consumer
leasing or consumer lending, pursuant to the Federal Truth in Lending
Act, as amended (15 U.S.C. 1601 et seq.).
(2) As used in this section, "supervised financial organization"
means a bank, savings association (as defined in Section 5102 of the
Financial Code), credit union, or holding company, affiliate, or
subsidiary thereof, or any person subject to Article 7 (commencing
with Section 10240) of Chapter 3 of Part 1 of Division 4 of the
Business and Professions Code, or Division 7 (commencing with Section
18000) or Division 9 (commencing with Section 22000) of the
Financial Code.
(c) At the time and place where a contract or agreement described
in paragraph (1) or (2) of subdivision (a) is entered into, a
Spanish-language notice shall be conspicuously displayed to the
effect that the person described in subdivision (a) is required to
provide an unexecuted Spanish-language contract or agreement, or a
Spanish-language translation of the disclosures required by law, as
the case may be. If a person described in subdivision (a) does
business at more than one location or branch, the requirements of
this section shall apply only with respect to the location or branch
at which the Spanish language is used.
(d) The term "contract" or "agreement," as used in this section,
means the document creating the rights and obligations of the parties
and includes any subsequent document making substantial changes in
the rights and obligations of the parties. The term "contract" or
"agreement" does not include any subsequent documents authorized or
contemplated by the original document such as periodic statements,
sales slips or invoices representing purchases made pursuant to a
credit card agreement, a retail installment contract or account or
other revolving sales or loan account, memoranda of purchases in an
add-on sale, or refinancing of a purchase as provided by, or pursuant
to, the original document.
The term "contract" or "agreement" does not include a home
improvement contract as defined in Sections 7151.2 and 7159 of the
Business and Professions Code, nor does it include plans,
specifications, description of work to be done and materials to be
used, or collateral security taken or to be taken for the retail
buyer's obligation contained in a contract for the installation of
goods by a contractor licensed pursuant to Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions
Code, if the home improvement contract or installation contract is
otherwise a part of a contract described in subdivision (a).
Matters ordinarily incorporated by reference in contracts or
agreements as described in paragraph (3) of subdivision (a),
including but not limited to rules and regulations governing a
tenancy and inventories of furnishings to be provided by the person
described in subsection (a) are not included in the term "contract"
or "agreement."
(e) This section shall not apply to any person engaged in a trade
or business who negotiates primarily in the Spanish language as
described by subdivision (a) if the party with whom he or she is
negotiating is a buyer of goods or services, or receives a loan or
extension of credit, or enters an agreement obligating himself or
herself as a tenant, lessee, or sublessee, or similarly obligates
himself or herself by contract or lease, and such party negotiates
the terms of the contract, lease, or other obligation through his or
her own interpreter.
As used in this subdivision, "his or her own interpreter" means a
person, not a minor, able to speak fluently and read with full
understanding the English and Spanish languages, and who is not
employed by, or whose service is made available through, the person
engaged in the trade or business.
(f) The terms of the contract or agreement which is executed in
English shall determine the rights and obligations of the parties.
However, the Spanish-language translation of the contract or the
disclosures required by subdivision (b) shall be admissible in
evidence only to show that no contract was entered into because of a
substantial difference in the material terms and conditions of the
contract and the translation.
(g) Upon a failure to comply with the provisions of this section,
the person aggrieved may rescind the contract or agreement in the
manner provided by this chapter. When the contract for a consumer
credit sale or consumer lease which has been sold and assigned to a
financial institution is rescinded pursuant to this subdivision, the
consumer shall make restitution to and have restitution made by the
person with whom he made the contract, and shall give notice of
rescission to the assignee. Notwithstanding that the contract was
assigned without recourse, the assignment shall be deemed rescinded
and the assignor shall promptly repurchase the contract from the
assignee.