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                                   
           
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          |Ayes:|Hayashi, Bill Berryhill,  |     |                          |
          |     |Allen, Eng, Hagman, Hill, |     |                          |
          |     |Ma, Smyth                 |     |                          |
          |     |                          |     |                          |
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           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 


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