BILL ANALYSIS Ó AB 417 Page 1 Date of Hearing: April 26, 2011 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Mary Hayashi, Chair AB 417 (Bill Berryhill) - As Introduced: February 14, 2011 SUBJECT : Structural pest control. SUMMARY : Prohibits a city, county, or city and county from prohibiting a person or group of persons, authorized by the Structural Pest Control Board (SPCB) by a license, certificate, or other such means under this bill to engage in a particular business, from engaging in that business, occupation, or profession or any portion thereof. EXISTING LAW : 1)Provides for the licensure and regulation of structural pest control operators by SPCB within the Department of Pesticide Regulation (DPR). 2)Prohibits a city or county from prohibiting a person or group of persons, authorized by one of the agencies in the Department of Consumer Affairs (DCA) by a license, certificate, or other such means to engage in a particular business, from engaging in that business, occupation, or profession or any portion thereof. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal. COMMENTS : Purpose of this bill . According to the author's office, "During the 2009-2010 legislative session, SPCB was moved from the oversight of DCA to the DPR. Because the SPCB was moved from under DCA, the ability for a licensed pest control operator to secure a building permit was impacted. SPCB licensees need these permits to make repairs caused by pest damage." Background . The Business and Professions Code 460 (a) states "No city or county shall prohibit a person or group of persons, authorized by one of the agencies in DCA by a license, certificate, or other such means to engage in a particular business, from engaging in that business, occupation, or AB 417 Page 2 profession or any portion thereof." When SPCB was moved to the DPR, pest control operators lost this protection under the law impacting their ability to gain local permits. This bill is corrects this oversight. Previous legislation . ABX4 20 (Strickland) Chapter 18, Statutes of 2009, Fourth Extraordinary Session, consolidates, reorganized, and abolished particular state boards and bureaus, including SPCB under DPR. REGISTERED SUPPORT / OPPOSITION : Support Pest Control Operators of California (sponsor) Opposition Sierra Club California Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916) 319-3301