BILL NUMBER: AB 126	CHAPTERED  10/10/07

	CHAPTER  379
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2007
	APPROVED BY GOVERNOR  OCTOBER 10, 2007
	PASSED THE SENATE  SEPTEMBER 4, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 5, 2007
	AMENDED IN SENATE  JULY 5, 2007
	AMENDED IN SENATE  JUNE 18, 2007

INTRODUCED BY   Assembly Member Beall
   (Coauthor: Assembly Member Dymally)
   (Coauthor: Senator Romero)

                        JANUARY 11, 2007

   An act to amend Sections 8698, 8698.1, and 8698.5 of, to add
Section 8698.6 to, and to repeal Chapter 14.5 (commencing with
Section 8698) of Division 3 of, the Business and Professions Code,
relating to pests.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 126, Beall. Structural Fumigation Enforcement Program.
   Existing law provides that the Los Angeles County Agricultural
Commissioner and the Orange County Agricultural Commissioner may
contract with the Director of the Department of Pesticide Regulation
to perform increased structural fumigation, inspection, and
enforcement activities in Los Angeles County and Orange County.
Existing law authorizes the director to adopt regulations to carry
out these provisions and to levy a civil penalty against a person
violating these provisions.
   This bill would also apply these provisions to the Santa Clara
County Agricultural Commissioner and to Santa Clara County. The bill
would repeal these provisions on January 1, 2010.


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

  SECTION 1.  Section 8698 of the Business and Professions Code is
amended to read:
   8698.  The Director of the Department of Pesticide Regulation
shall be designated by the board as its agent for the purposes of
carrying out Section 8698.1. The Los Angeles County Agricultural
Commissioner, the Orange County Agricultural Commissioner, or the
Santa Clara County Agricultural Commissioner may each contract with
the director to perform increased structural fumigation, inspection,
and enforcement activities. These activities shall be funded by the
moneys collected pursuant to this chapter.
  SEC. 2.  Section 8698.1 of the Business and Professions Code is
amended to read:
   8698.1.  (a) If the county has contracted pursuant to Section
8698, any person who performs a structural fumigation in Los Angeles
County, Orange County, or Santa Clara County shall pay to the county
agricultural commissioner a fee of five dollars ($5) for each
treatment conducted at a specific building or structure.
   (b) The fees shall be submitted by the 10th day of the month
following the month in which the treatment was performed. The fees
shall be accompanied by a copy of a monthly pesticide use report
showing the addresses, including the department number if applicable,
of all structural fumigations. The report shall be in a form
required by the director, shall identify the name and address of the
person or company performing the fumigation, and shall include any
other information requested by the director.
  SEC. 3.  Section 8698.5 of the Business and Professions Code is
amended to read:
   8698.5.  Any funds collected pursuant to this chapter shall be
paid to the county and used for the sole purposes of funding
enforcement and training activities directly related to the
structural fumigation program created pursuant to Section 8698. The
fees collected under this chapter shall be in addition to, and shall
not be used to supplant, any other funds provided to the county
agricultural commissioner pursuant to Section 12844 of the Food and
Agricultural Code.
  SEC. 4.  Section 8698.6 is added to the Business and Professions
Code, to read:
   8698.6.  This chapter shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, which is chaptered before January 1, 2010, deletes or
extends that date.