BILL ANALYSIS Ó
AB 417
Page 1
ASSEMBLY THIRD READING
AB 417 (Bill Berryhill)
As Introduced February 14, 2011
Majority vote
BUSINESS & PROFESSIONS 8-0
-----------------------------------------------------------------
|Ayes:|Hayashi, Bill Berryhill, | | |
| |Allen, Eng, Hagman, Hill, | | |
| |Ma, Smyth | | |
| | | | |
-----------------------------------------------------------------
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 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 : 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."
The Business and Professions Code Section 460 (a) states "No
city or county shall prohibit a person or group of persons,
AB 417
Page 2
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
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
corrects this oversight.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN: 0000337