BILL NUMBER: AB 1724	CHAPTERED  09/12/03

	CHAPTER  366
	FILED WITH SECRETARY OF STATE  SEPTEMBER 12, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 11, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	PASSED THE SENATE  AUGUST 25, 2003
	AMENDED IN SENATE  JUNE 25, 2003

INTRODUCED BY   Committee on Agriculture (Matthews (Chair), Maldonado
(Vice Chair), Berg, Cogdill, Maze, Oropeza, Parra, Reyes, Salinas,
and Vargas)

                        MARCH 3, 2003

   An act to amend Section 8617 of the Business and Professions Code,
and to amend Sections 11732 and 13000 of the Food and Agricultural
Code, relating to pesticides.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1724, Committee on Agriculture.  Pesticides.
   (1) Existing law authorizes the Structural Pest Control Board, or
county agricultural commissioners when acting as representatives of
the Director of Pesticide Regulation to suspend a structural pest
control operator's license or impose specified monetary civil
penalties for violations of the laws relating to structural pest
control.
   This bill would include violations of specified provisions
relating to structural fumigation in the above provision.
   (2) Under existing law, it is unlawful for any person to engage
for hire in the business of pest control in any county unless the
person has registered for the then current calendar year with the
county agricultural commissioner.
   This bill would make it unlawful for any person to advertise,
solicit, or operate as a pest control business unless the person is
registered with the commissioner for the current calendar year.  The
bill would make other technical, nonsubstantive changes.
   (3) Existing law requires that any action brought for various
violations of provisions and regulations regarding pesticides be
commenced by the director, the commissioner, the Attorney General,
the district attorney, the city prosecutor, or the city attorney, as
the case may be, within 2 years of the occurrence of the violation,
except as specified.  However, under existing law, when an
investigation is completed and submitted to the director, the action
is required to be commenced within one year of that submission.
   This bill would require that when a commissioner submits a
completed investigation to the director for action by the director or
the Attorney General, the action shall be commenced within one year
of that submission.  The bill would provide that this provision does
not preclude the director from returning the investigation to the
commissioner for action to be commenced by the commissioner, the
district attorney, the city prosecutor, or the city attorney, to be
commenced within 2 years of the occurrence of the violation.  The
bill would also require that an action brought by the director
against any person who possesses or uses any pesticide that is not
registered pursuant to specified provisions, or for which
registration has been suspended, shall commence within 4 years of the
occurrence of the violation.


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


  SECTION 1.  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, 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.  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 issuance of the
written notice of proposed action.
   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.
   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.
   (d) 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.
   (e) 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 20 days after the
Disciplinary Review Committee has ruled on the appeal.
   (f) 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.
   Where 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.
   Where 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 inspection stamps, notice of completion
stamps, or pesticide use stamps until the assessed fine has been
paid.
   Where 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.
   (g) 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.
   (h) Where the board is the party issuing the notice of proposed
action to suspend or impose a fine pursuant to subdivision (a) of
this section, "commissioner" as used in subdivisions (c), (d), and
(e) includes the board's registrar.
  SEC. 2.  Section 11732 of the Food and Agricultural Code is amended
to read:
   11732.  It is unlawful for any person to advertise, solicit, or
operate as a pest control business in any county unless the person
has registered with the commissioner for the current calendar year.
   The registration shall be in the form prescribed by the
commissioner and shall show all of the following information:
   (a) Name and address of the registrant.
   (b) Number and kind of units to be operated in the county.
   (c) Type of pests that are intended to be controlled.
   (d) Any other information as the commissioner may require.
  SEC. 3.  Section 13000 of the Food and Agricultural Code is amended
to read:
   13000.  (a) Except as provided in subdivisions (b) and (c), an
action brought pursuant to this article shall be commenced by the
director, the commissioner, the Attorney General, the district
attorney, the city prosecutor, or the city attorney, as the case may
be, within two years of the occurrence of the violation.
   (b) When a commissioner submits a completed investigation to the
director for action by the director or the Attorney General, the
action shall be commenced within one year of that submission.
However, nothing in this subdivision precludes the director from
returning the investigation to the commissioner for action to be
commenced by the commissioner, the district attorney, the city
prosecutor, or the city attorney, as provided in subdivision (a).
   (c) An action brought by the director to collect unpaid mill
assessments and delinquent fees required by Article 4.5 (commencing
with Section 12841) or an action brought by the director to collect
civil penalties pursuant to Section 12999.4 for violations of Article
4.5 (commencing with Section 12841), Section 12993, or Section 12995
shall be commenced within four years of the occurrence of the
violation.