BILL NUMBER: AB 2223	CHAPTERED  09/27/08

	CHAPTER  450
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2008
	PASSED THE SENATE  AUGUST 12, 2008
	PASSED THE ASSEMBLY  MAY 15, 2008
	AMENDED IN ASSEMBLY  APRIL 1, 2008

INTRODUCED BY   Assembly Member Horton

                        FEBRUARY 20, 2008

   An act to amend Sections 8698, 8698.1, and 8698.6 of the Business
and Professions Code, relating to structural fumigation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2223, Horton. Structural Fumigation Enforcement Program.
   Until January 1, 2010, existing law provides that the Los Angeles
County Agricultural Commissioner, the Orange County Agricultural
Commissioner, and the Santa Clara 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, Orange County, and
Santa Clara 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 San Diego
County Agricultural Commissioner and to San Diego County. The bill
would extend the operation of these provisions to January 1, 2011.


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, the Santa
Clara County Agricultural Commissioner, or the San Diego 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, Santa Clara County, or San Diego 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 8698.6 of the Business and Professions Code is
amended to read:
   8698.6.  This chapter shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, which is chaptered before January 1, 2011, deletes or
extends that date.