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