BILL NUMBER: SB 1206	CHAPTERED  06/30/08

	CHAPTER  46
	FILED WITH SECRETARY OF STATE  JUNE 30, 2008
	APPROVED BY GOVERNOR  JUNE 30, 2008
	PASSED THE SENATE  MAY 8, 2008
	PASSED THE ASSEMBLY  JUNE 16, 2008

INTRODUCED BY   Senator Calderon

                        FEBRUARY 13, 2008

   An act to amend Section 8514 of the Business and Professions Code,
relating to pest control.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1206, Calderon. Pest control.
    Existing law provides for the regulation of registered structural
pest control companies by the Structural Pest Control Board.
Existing law authorizes a registered company with a branch
registration that restricts the method of eradication or control
permitted to enter into a contract for the eradication or control of
pests within the scope of its branch registration if it subcontracts
the actual performance of the work to a company holding the branch
registration authorizing the particular method to be used. Existing
law prohibits a registered company from subcontracting structural
fumigation work without the written consent of the consumer, as
specified. Existing law also prohibits a registered company from
advertising, or holding out to the public or to any person, that it
is authorized, qualified, or registered to perform pest control work
in any branch, or by any method, for which it is not registered.
   This bill would instead authorize a Branch 2 or Branch 3
registered company to advertise fumigation or any all encompassing
treatment, as specified, if the company complies with specified
requirements.


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

  SECTION 1.  Section 8514 of the Business and Professions Code is
amended to read:
   8514.  No registered company shall 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 an inspection has been made.
   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 its 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.
   A registered company may in writing subcontract 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 such
work.
   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.
   A registered company shall not subcontract structural fumigation
work, as permitted in this section, without the written consent of
the consumer. The consumer must 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.
   Nothing herein contained 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.
   Subcontracting of work, as permitted herein, 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 to perform, as permitted
by this section.