Amended in Senate April 24, 2014

Senate Bill No. 1244

Introduced by Senator Lieu

(Principal coauthor: Assembly Member Bonilla)

February 20, 2014

An act to amend Sections begin delete 8520 and 8528 of end delete begin insert 8504, 8505, 8505.1, 8505.2, 8505.5, 8505.10, 8505.12, 8505.14, 8507.1, 8514, 8518, 8520, 8528, 8551.5, 8560, 8562, 8564, 8564.6, 8565, 8566, 8567, 8590, 8593.1, 8612, 8613, 8617, 8622, 8643, 8647, 8651, 8660, and 8673 of, to repeal Sections 8505.6, 8565.6, and 8590.1 of, and to add Sections 8504.1 and 8672.1 to, end insert the Business and Professions Code, relating to the Structural Pest Control Board.

LEGISLATIVE COUNSEL’S DIGEST

SB 1244, as amended, Lieu. Structural Pest Control Board.

Existing law, until January 1, 2015, establishes the Structural Pest Control Board, within the Department of Consumer Affairs, and authorizes the Director of Consumer Affairs to appoint a registrar to be the executive officer of the board. The board is required to license and regulate structural pest control operators, as specified.

This bill would extend the operation of those provisions until January 1, 2019.

begin insert

Existing law provides, in pertinent part, that structural pest control includes, with respect to household pests and wood destroying pests or organisms, or other pests which may invade households or other structures, the engaging in, offering to engage in, advertising for, soliciting, or the performance of, among other things, the identification of infestations, or the use of insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances for the purpose of eliminating, exterminating, controlling or preventing infestations or infections of those pests, or organisms. Under existing law, an applicator’s license expires 3 years from the date the license is issued.

end insert begin insert

This bill would define the term “pesticide” to include any spray adjuvant and any substance, or mixture of substances, which is intended to be used for preventing, destroying, repelling, or mitigating any pest or organism, and would make conforming changes pertaining to that definition. The bill would prohibit a limited liability company from providing structural pest control services, delete obsolete provisions pertaining to the definition of fumigants and fumigation procedures, and would conform notice provisions relating to fumigation to other provisions of law. The bill would authorize, in specified circumstances, waiving the use of warning agents in conjunction with fumigants. The bill would provide that an applicator’s license instead would expire on June 30 of the 3rd year after issuance.

end insert begin insert

Existing law authorizes suspension and fines to be imposed on a registered structural pest control company for specified violations.

end insert begin insert

This bill would provide that the time for an action for a suspension or fine against a structural pest control licensee or registered company would be 2 years from the date of the violation, provided however, that when an agricultural commissioner submits a completed investigation to the Structural Pest Control Board, as specified, the action would be required to be brought within one year of the commissioner’s submission.

end insert begin insert

Existing law establishes a disciplinary review committee, in connection with disciplinary procedures against structural pest control licensees and registered companies, which requires as a member of the committee, a person representing the Secretary of Food and Agriculture.

end insert begin insert

This bill would instead require as a member of the committee, a person who represents the Director of Pesticide Regulation.

end insert begin insert

The bill would make additional conforming and technical, nonsubstantive changes.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 8504 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

8504.  

“Person” includes an individual, firm, partnership,
corporation, begin delete limited liability company, end delete association or other
organization or any combination thereof.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8504.1 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 8504.1. end insert   

“Pesticide” includes any of the following:

(a) Any spray adjuvant.

(b) Any substance, or mixture of substances, which is intended
to be used for preventing, destroying, repelling, or mitigating any
pest or organism.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 8505 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

8505.  

begin insert (a) end insert begin insert   end insert “Structural pest control” and “pest control” as used
in this chapter are synonymous. Except as provided in Section
8555 and elsewhere in this chapter, it is, with respect to household
pests and wood destroying pests or organisms, or begin delete such end delete other pests
begin delete which end delete begin insert that end insert may invade households or other structures, including
railroad cars, ships, docks, trucks, airplanes, or the contents thereof,
the engaging in, offering to engage in, advertising for, soliciting,
or the performance of, any of the following: begin delete identification end delete

begin insert (1) end insert begin insert   end insert begin insert Identification end insert of infestations or begin delete infections; the end delete begin insert infections. end insert

begin insert (2) end insert begin insert   end insert begin insert The end insert making of an inspection or inspections for the purpose
of identifying or attempting to identify infestations or infections
of household or other structures by begin delete such end delete begin insert those end insert pests or begin delete organisms;
the end delete begin insert organisms. end insert

begin insert (3) end insert begin insert   end insert begin insert The end insert making of inspection reports, recommendations,
estimates, and bids, whether oral or written, with respect to begin delete such end delete
begin insert those end insert infestations or begin delete infections; and the end delete begin insert infections. end insert

begin insert (4) end insert begin insert   end insert begin insert The end insert making of contracts, or the submitting of bids for, or
the performance of any work including the making of structural
repairs or replacements, or the use of begin delete insecticides, end delete pesticides,
begin delete rodenticides, fumigants, or allied chemicals or substances, end delete or
mechanical devices for the purpose of eliminating, exterminating,
controlling or preventing infestations or infections of begin delete such end delete begin insert those end insert
pests, or organisms.

begin delete

“Household

end delete

begin insert (b) end insert begin insert   end insert begin insert “Household end insert pests” are defined for the purpose of this
chapter as those pests other than wood destroying pests or
organisms, which invade households and other structures,
including, but not limited to, rodents, vermin and insects.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 8505.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8505.1.  

(a) Except as provided in subdivisions (b) and (c), for
the purpose of this act, “fumigation” shall be defined as the use
within an enclosed space for the destruction of plant or animal life,
a substance having a vapor pressure greater than 5 millimeters of
mercury at 25 degrees centigrade when the substance is labeled
for those purposes.

The following is a list of lethal fumigants:

(1) Methyl bromide.

begin delete

(2) Sulfur dioxide.

end delete begin delete

(3) Propylene oxide.

end delete begin delete

(4)

end delete

begin insert (2) end insert  Sulfuryl fluoride.

begin delete

(5)

end delete

begin insert (3) end insert  Aluminum phosphide.

The board may adopt, and may as necessary amend, by
regulation, a list of fumigants.

(b) For the purpose of this act, “warning agent” begin delete shall be end delete begin insert is end insert any
agent used in combination with any fumigant that lacks warning
properties.

The following is a warning agent:

Chloropicrin.

The board may adopt, and may as necessary amend, by
regulation, a list of warning agents.

(c) For the purpose of this act “simple asphyxiants” shall not
be deemed to be fumigants.

The following is a list of simple asphyxiants:

(1) Liquid nitrogen.

(2) Carbon dioxide.

The board may adopt, and may as necessary amend, by
regulation, a list of simple asphyxiants.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 8505.2 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8505.2.  

Fumigation shall be performed only under the direct
and personal supervision of an individual who is licensed by the
board as an operator or field representative in begin delete a branch of pest
control that includes fumigation end delete begin insert Branch 1 as set forth in Section
8560 end insert .

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 8505.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8505.5.  

begin insert (a) end insert begin insert   end insert Notice of the date and place of fumigation, and
chemicals to be used, shall be given by the fumigator to the fire
department serving the area in which fumigation is to be performed
not less than two hours prior to the time fumigation begins. The
fire department shall not charge any fees for any service related
to structural pest control activities except for the costs of an
emergency response necessitated by illegal or negligent actions.

begin delete

If requested by the county agricultural commissioner, notice

end delete

begin insert (b) end insert begin insert   end insert begin insert Notice end insert of each fumigation to be performed shall be given to
the commissioner in the county in which the job is to be performed.
The notice, which may be mailed or given by telephone, at the
option of the commissioner, shall be given at least 24 hours prior
to the time fumigation begins, unless the commissioner determines
that less time is sufficient. begin delete No end delete begin insert A end insert fee shall begin insert not end insert be assessed for
processing begin delete the notice which may be requested by the commissioner. end delete
begin insert this notice. end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 8505.6 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

8505.6.  

During the process of fumigation the room or apartment
being fumigated, together with all rooms and apartments, including
rooms or apartments on the same floor and those above, below,
and adjacent thereto, shall be vacated by the occupants thereof.
During the process of such fumigation, all rooms, apartments, and
hallways adjacent to the rooms, apartments or spaces undergoing
fumigation, shall be kept well ventilated and warning signs as
herein prescribed stating such fact of fumigation shall be kept
posted at all entries to such rooms or apartments during the time
of such fumigation and thereafter until all such premises are safely
ventilated free of all fumes. All rooming or apartment houses
designed for the use of four families or less shall be entirely vacated
and closed against entry thereto and occupancy thereof while
fumigation is being performed therein and until the same is safely
ventilated free of all fumes.

end delete

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 8505.10 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8505.10.  

Warning signs shall be printed in red on white
background and shall contain the following statement in letters
not less than two inches in height: “DANGER--FUMIGATION.”
They shall also depict a skull and crossbones not less than one
inch in height and shall state in letters not less than one-half inch
in height the name of the begin delete fumigant, end delete begin insert fumigant. These signs shall
also include in legible ink of any color, end insert the date and time fumigant
was injected, and the name, address and telephone number of the
registered company performing the fumigation. Warning signs
placed under a tarpaulin shall not be required to state the time the
fumigant was injected.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 8505.12 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8505.12.  

A registered company performing fumigation shall
use an adequate warning agent with all fumigants which lack begin delete such end delete
begin insert those end insert properties. begin insert There may be circumstances in which the use of
chloropicrin is not possible due to its unknown effects on sensitive
items, including, but not limited to, artifacts in museums or in
police evidence storage. In these circumstances, waiving the use
of chloropicrin shall be approved by the state regulatory authority
and documented in advance and shall include alternative safety
precautions which address initial clearance of the site to be
fumigated, potential movement of the fumigant to unattended areas,
and continued site security. end insert When conditions involving abnormal
hazards exist, the licensee exercising direct and personal
supervision shall take begin delete such end delete begin insert those end insert safety precautions in addition to
those prescribed by this chapter as are reasonably necessary to
protect the public health and safety.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 8505.14 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8505.14.  

“Fumigator” means any individual licensed by the
board as a structural pest control operator or as a structural pest
control field representative in begin delete the branch of pest control which
includes fumigation end delete begin insert Branch 1 end insert as set forth in Section 8560.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 8507.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8507.1.  

(a)  begin insert (1) end insert begin insert   end insert “Structural pest control applicator” is any
individual who is licensed by the board to apply begin delete a pesticide,
rodenticide, or allied chemicals or substances for the purpose of
eliminating, exterminating, controlling, or preventing infestation
or infections of pests or organisms included end delete begin insert pesticides end insert in Branch
2 or Branch 3 on behalf of a registered company.

begin delete

A

end delete

begin insert (2) end insert begin insert   end insert begin insert A end insert structural pest control applicator shall not contract for pest
control work or perform pest control work in his or her own behalf.

(b) As used in this chapter, “applicator” refers to “structural
pest control applicator.”

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 8514 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8514.  

begin delete No end delete begin insert (a) end insert begin insert   end insert begin insert A Branch 2 or 3 end insert registered company shall begin insert not end insert
commence work on a contract, or sign, issue, or deliver any
documents expressing an opinion or statement relating to the
control of household pests, or wood destroying pests or organisms
until begin insert the registered company has completed end insert an begin delete inspection has been
made. end delete begin insert inspection. end insert

begin delete

Notwithstanding

end delete

begin insert (b) end insert begin insert   end insert begin insert Notwithstanding end insert any provision of this chapter, after an
inspection has been made, a registered company which holds a
branch registration for the control of household pests, or wood
destroying pests or organisms, but begin delete its end delete begin insert whose end insert branch registration
restricts the method of eradication or control permitted, may
recommend and enter into a contract for the eradication or control
of pests within the scope of its branch registration, provided that
it begin delete subcontracts end delete begin insert subcontracts, end insert in begin delete writing end delete begin insert writing, end insert the actual
performance of the work to a registered company which holds a
branch registration authorizing the particular method to be used.

begin delete

A

end delete

begin insert (c) end insert begin insert   end insert begin insert A end insert registered company may begin delete in writing end delete subcontract begin insert , in writing, end insert
any pest control work for which it is registered in any branch or
branches to a registered company holding a valid branch
registration to do begin delete such end delete begin insert that end insert work.

begin delete

Nothing

end delete

begin insert (d) end insert begin insert   end insert begin insert Nothing end insert in this chapter shall be construed to prohibit a
registered company or the consumer from subcontracting with a
licensed contractor to do any work authorized under Section 8556.

begin delete

A

end delete

begin insert (e) end insert begin insert   end insert begin insert A end insert registered company shall not subcontract structural
fumigation work, as permitted in this section, without the written
consent of the consumer. The consumer begin delete must end delete begin insert shall end insert be informed
in advance, in writing, of any proposed work which the registered
company intends to subcontract and of the consumer’s right to
select another person or entity of the consumer’s choosing to
perform the work. The consumer may authorize the subcontracting
of the work as proposed or may contract directly with another
registered company licensed to perform the work. Nothing in this
paragraph shall be construed to eliminate any otherwise applicable
licensure requirements, nor permit a licensed contractor to perform
any work beyond that authorized by Section 8556.

begin delete

Nothing herein

end delete

begin insert (f) end insert begin insert   end insert begin insert Nothing end insert contained begin insert in this section end insert shall permit or authorize a
registered company to perform, attempt to perform, advertise or
hold out to the public or to any person that it is authorized,
qualified, or registered to perform, pest control work in a branch,
or by a method, for which it is not registered, except that a Branch
2 or Branch 3 registered company may advertise fumigation or
any all encompassing treatment described in paragraph (8) of
subdivision (a) of Section 1991 of Title 16 of the California Code
of Regulations if the company complies with the requirements of
this section.

begin delete

Subcontracting

end delete

begin insert (g) end insert begin insert   end insert begin insert Subcontracting end insert of work, as permitted begin delete herein, end delete begin insert in this section, end insert
shall not relieve the prime contractor or the subcontractor from
responsibility for, or from disciplinary action because of, an act
or omission on its part, which would otherwise be a ground for
disciplinary action. However, the registered company making the
initial proposal including proposed work that the registered
company intends to subcontract shall not be subject to disciplinary
action or otherwise responsible for an act or omission in the
performance of the work that the consumer directly contracts with
another registered company begin insert , person, or entity end insert to perform, as
permitted by this section. begin insert All home solicitation contracts shall
comply with Chapter 2 (commencing with Section 1688) of Title
5 of Part 2 of Division 3 of the Civil Code. end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 8518 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8518.  

begin insert (a) end insert begin insert   end insert When a registered company completes work under
a contract, it shall prepare, on a form prescribed by the board, a
notice of work completed and not completed, and shall furnish
that notice to the owner of the property or the owner’s agent within
10 begin delete working end delete begin insert business end insert days after completing the work. The notice
shall include a statement of the cost of the completed work and
estimated cost of work not completed.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert address of each property inspected or upon which work
was completed shall be reported on a form prescribed by the board
and shall be filed with the board no later than 10 begin delete working end delete begin insert business end insert
days after completed work.

begin delete

Every

end delete

begin insert (c) end insert begin insert   end insert begin insert A filing fee shall be assessed pursuant to Section 8674 for
every end insert property upon which work is begin delete completed shall be assessed a
filing fee pursuant to Section 8674. end delete begin insert completed. end insert

begin delete

Failure

end delete

begin insert (d) end insert begin insert   end insert begin insert Failure end insert of a registered company to report and file with the
board the address of any property upon which work was completed
pursuant to subdivision (b) of Section 8516 or Section 8518 is
grounds for disciplinary action and shall subject the registered
company to a fine of not more than two thousand five hundred
dollars ($2,500).

begin delete

The

end delete

begin insert (e) end insert begin insert   end insert begin insert The end insert registered company shall retain for three years all
original notices of work completed, work not completed, and
activity forms.

begin delete

Notices

end delete

begin insert (f) end insert begin insert   end insert begin insert Notices end insert of work completed and not completed shall be made
available for inspection and reproduction to the executive officer
of the board or his or her duly authorized representative during
business hours. Original notices of work completed or not
completed or copies thereof shall be submitted to the board upon
request within two business days.

begin delete SECTION 1. end delete
begin insert SEC. 14. end insert   

Section 8520 of the Business and Professions Code
is amended to read:

8520.  

(a) There is in the Department of Consumer Affairs a
Structural Pest Control Board, which consists of seven members.

(b) Subject to the jurisdiction conferred upon the director by
Division 1 (commencing with Section 100), the board is vested
with the power to and shall administer the provisions of this
chapter.

(c) It is the intent of the Legislature that consumer protection
is the primary mission of the board.

(d) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.
Notwithstanding any other law, the repeal of this section renders
the board subject to review by the appropriate policy committees
of the Legislature.

begin delete SEC. 2. end delete
begin insert SEC. 15. end insert   

Section 8528 of the Business and Professions Code
is amended to read:

8528.  

(a) With the approval of the director, the board shall
appoint a registrar, fix his or her compensation, and prescribe his
or her duties.

(b) The registrar is the executive officer and secretary of the
board.

(c) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 8551.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8551.5.  

begin delete No end delete begin insert Except as provided in this chapter, an end insert unlicensed
individual in the employ of a registered company shall begin insert not end insert apply
any begin delete pesticide, rodenticide, or allied chemicals or substances for
the purpose of eliminating, exterminating, controlling, or
preventing infestation or infections of pests, or organisms end delete begin insert pesticides end insert
included in Branch 2 or Branch 3. However, an individual may,
for begin delete 30 end delete begin insert 90 end insert days from the date of employment, apply begin delete pesticides,
rodenticides, or allied chemicals or substances end delete begin insert pesticides end insert for the
purposes of training under the direct supervision of a licensed field
representative or operator employed by the company. This direct
supervision means in the presence of the licensed field
representative or operator at all times. The begin delete 30-day end delete begin insert 90-day end insert time
period may not be extended.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 8560 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8560.  

(a) Licenses issued to operators, field representatives,
or applicators shall be limited to the branch or branches of pest
control for which the applicant has qualified by application and
examination.

begin delete

For

end delete

begin insert (b) end insert begin insert   end insert begin insert For end insert the purpose of delimiting the type and character of work
authorized by the various branch licenses, the practice of pest
control is classified into the following branches:

begin delete

Branch

end delete

begin insert (1) end insert begin insert   end insert begin insert Branch end insert  1.  Fumigation. The practice relating to the control
of household and wood-destroying pests or organisms by
fumigation with poisonous or lethal gases.

begin delete

Branch

end delete

begin insert (2) end insert begin insert   end insert begin insert Branch end insert  2.  General pest. The practice relating to the control
of household pests, excluding fumigation with poisonous or lethal
gases.

begin delete

Branch

end delete

begin insert (3) end insert begin insert   end insert begin insert Branch end insert  3.  Termite. The practice relating to the control of
wood-destroying pests or organisms by the use of insecticides, or
structural repairs and corrections, excluding fumigation with
poisonous or lethal gases.

begin delete

(b)

end delete

begin insert (c) end insert  The board may issue a license for a combination of two or
more branches for which an applicant qualifies under the provisions
of this chapter, and the combination license shall be considered
one license.

begin delete

(c)

end delete

begin insert (d) end insert  Unless otherwise authorized by the board, all begin delete written end delete
examinations shall be begin delete in ink in books end delete supplied by the board. All
begin delete examination papers end delete begin insert examinations end insert shall be kept for a period of one
year, upon the expiration of which these begin delete papers end delete begin insert records end insert may be
destroyed on order of the board. Each applicant for license as an
operator or a field representative shall be designated by a number
instead of by name, and the identity thereof shall not be disclosed
until the begin delete examination papers end delete begin insert examinations end insert are graded. begin delete No end delete begin insert A end insert person
shall begin insert not end insert be admitted to the examination room except members of
the board, the examining personnel, and the begin delete applicants for license. end delete
begin insert applicants. end insert

begin delete

(d)

end delete

begin insert (e) end insert  The board shall make rules and regulations for the purpose
of securing fair, impartial, and proper examinations.

begin delete

(e)

end delete

begin insert (f) end insert  Licensees may be licensed in other branches upon complying
with the requirements for qualification and by examination in those
other branches. begin delete No end delete begin insert A end insert failure of the licensee to pass examination
in the other branch or branches shall begin insert not end insert have any effect on existing
licenses.

begin delete

(f)

end delete

begin insert (g) end insert  The examination shall be in each of the subjects specified
in the branch or branches relating to the respective applications.
A license according to the applications shall be granted to any
applicant who shall make a general average of not less than 70
percent on each of the subjects of the branch or branches.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 8562 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8562.  

begin insert (a) end insert begin insert   end insert To obtain an original operator’s license, an applicant
shall submit to the registrar an application begin delete in writing end delete containing
the statement that the applicant desires the issuance of an operator’s
license under the terms of this chapter.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert application shall be made on forms prescribed by the
board and issued by the registrar in accordance with rules and
regulations adopted by the board, and shall contain the following:

begin delete

(a)

end delete

begin insert (1) end insert  The name of the applicant.

begin delete

(b)

end delete

begin insert (2) end insert  Proof satisfactory to the board that the applicant has had
actual experience for a period of not less than the time specified
opposite the branches of pest control listed below in the employ
of a registered company in the State of California in the particular
branch or branches of pest control for which the applicant desires
to be licensed, or the equivalent of that experience:

 

Branch 1	2 years
Branch 2	2 years
Branch 3	4 years

 

begin delete

For

end delete

begin insert (c) end insert begin insert   end insert begin insert For end insert the purpose of this subdivision one year shall equal
1,600 hours of actual experience in the field.

begin delete

(c)

end delete

begin insert (d) end insert  A designation of the branch or branches for which the
application is made.

begin delete

(d)

end delete

begin insert (e) end insert  The fees prescribed by this chapter.

begin delete

(e)

end delete

begin insert (f) end insert  No operator’s license shall be issued to an individual under
18 years of age.

begin delete

(f)

end delete

begin insert (g) end insert  Effective January 1, 1993, an operator’s license shall not be
issued to an individual unless that individual has been licensed as
a field representative in the branch in which the individual has
applied for an operator’s license for a period of at least one year,
in the case of Branches 1 and 2, or for a period of at least two years
for Branch 3, or has demonstrated to the satisfaction of the board
that he or she has the equivalent of that training and experience.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 8564 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8564.  

begin insert (a) end insert begin insert   end insert To obtain an original field representative’s license,
an applicant shall submit to the registrar an application begin delete in writing end delete
containing a statement that the applicant desires the issuance of a
field representative’s license under the terms of this chapter.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert application shall be made on a form prescribed by the
board and issued by the registrar in accordance with rules and
regulations adopted by the board, and shall contain the following:

begin delete

(a)

end delete

begin insert (1) end insert  The length of time during which the applicant has engaged
in any work relating to pest control.

begin delete

(b)

end delete

begin insert (2) end insert  The name and place of business of the person who last
employed him or her.

begin delete

(c)

end delete

begin insert (3) end insert  The name of the person by whom the applicant is employed.

begin delete

(d)

end delete

begin insert (4) end insert  The name of the registered company by which the applicant
is to be employed.

begin delete

(e)

end delete

begin insert (5) end insert  The fees prescribed by this chapter.

begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert board shall not accept any application for a field
representative’s license in Branch 1 unless the applicant submits
proof satisfactory to the board that he or she has had six months’
training and experience in the practice of fumigating with
poisonous or lethal gases under the immediate supervision of an
individual licensed to practice fumigating, or the equivalent of that
training and experience.

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert board shall not accept any application for a field
representative’s license in Branch 2 unless the applicant submits
proof satisfactory to the board that he or she has had training and
experience in the practice of pesticide application, Branch 2 pest
identification and biology, pesticide application equipment, and
pesticide hazards and safety practice under the immediate
supervision of an operator or field representative licensed in Branch
2, or the equivalent of that training and experience.

begin delete

The

end delete

begin insert (e) end insert begin insert   end insert begin insert The end insert board shall not accept any application for a field
representative’s license in Branch 3 unless the applicant submits
proof satisfactory to the board that he or she has had training and
experience in the practice of pesticide application, Branch 3 pest
identification and biology, pesticide application equipment,
pesticide hazards and safety practices, structural repairs, and
structural inspection procedures and report writing under the
immediate supervision of an operator or field representative
licensed in Branch 3, or the equivalent of that training and
experience.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 8564.6 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8564.6.  

begin insert (a) end insert begin insert   end insert To obtain an original applicator’s license, an
applicant shall submit to the registrar an application begin delete in writing end delete
containing a statement that the applicant requests the issuance of
an applicator’s license under the terms of this chapter.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert application shall be made on a form prescribed by the
board and issued by the registrar in accordance with rules and
regulations adopted by the board and shall contain the following:

begin delete

(a)

end delete

begin insert (1) end insert  The name of the registered company by which the applicant
is to be employed.

begin delete

(b)

end delete

begin insert (2) end insert  The fee prescribed by this chapter.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 8565 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8565.  

The board shall ascertain by begin delete written end delete examination that an
applicant for a license as operator is qualified in the use and
understanding of all of the following:

(a) The English language, including begin delete reading, writing, and
spelling. end delete begin insert reading and writing. end insert

(b) The building and safety laws of the state and any of its
political subdivisions, if the branch or branches of pest control for
which he or she is applying, require that knowledge.

(c) The labor laws of the state.

(d) The provisions of this chapter.

(e)  begin delete Poisonous and other dangerous chemicals end delete begin insert Pesticides end insert used
in pest control, if the branch license or licenses for which he or
she is applying, require that knowledge.

(f) The theory and practice of the branch or branches of pest
control in which the applicant desires to be licensed.

(g) Other state laws, safety or health measures, or practices that
are reasonably within the scope of structural pest control in the
various branches, including an applicant’s knowledge of the
requirements regarding health effects and restrictions on
applications, as set forth in Section 8538.

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 8565.6 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

8565.6.  

An applicant for a Branch 2 license may elect to be
certified in the handling, control, and techniques of removal of
Africanized honey bees. The board shall develop a program to
certify applicants in this specialty, or may approve a program for
certification developed by the Pest Control Operators of California.

end delete

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 8566 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8566.  

The board shall ascertain by begin delete written end delete examination that an
applicant for a license as field representative is qualified in the use
and understanding of the following:

(a) The safety laws of the state, if the branch or branches of pest
control for which he or she is applying, require that knowledge.

(b) The provisions of this chapter.

(c)  begin delete Poisonous and other dangerous chemicals end delete begin insert Pesticides end insert used
in pest control, if the branch or branches of pest control for which
he or she is applying, require that knowledge.

(d) The theory and practice of pest control in the branch or
branches thereof for which the applicant desires to be licensed.

(e) Other state laws, safety or health measures, or practices as
are reasonably within the scope of structural pest control in the
various branches.

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 8567 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8567.  

Should a field representative or applicator change his or
her employment, or should an operator enter the employ of a
registered company, or being already employed by a registered
company change his or her employment, or being employed by a
registered company leave that employment and enter the pest
control business on his or her own behalf, he or she shall notify
the registrar begin delete in writing, end delete on a form prescribed by the board and
issued by the registrar in accordance with rules and regulations
adopted by the board. begin delete Whereupon the end delete begin insert The end insert registrar shall register
the change in his or her records.

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 8590 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8590.  

begin insert (a) end insert begin insert   end insert Except as otherwise provided herein, begin delete all operator’s
and end delete begin insert an operator’s, end insert field representative’s begin insert , and applicator’s end insert licenses
shall expire at 12 midnight on June 30 of begin delete every end delete begin insert the end insert third year begin delete and
all applicator’s licenses shall expire at 12 midnight three years end delete
from the date of issue.

begin delete

An

end delete

begin insert (b) end insert begin insert   end insert begin insert An end insert individual licensed in more than one category may request
that each license expire on the same date. The date requested shall
be the date of the earliest expiration.

begin delete

Every operator and every field representative

end delete

begin insert (c) end insert begin insert   end insert begin insert An operator, field representative, and applicator end insert shall pay
a fee for the renewal of his or her license.

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert board shall on or before the first day of June of each
year mail to each begin delete operator and end delete begin insert operator, end insert field representative begin insert , and
applicator end insert whose license will expire in that year, addressed to him
or her at his or her last known address, a notice that his or her
renewal fee is due and payable and that, if not paid by June 30, a
penalty will be added thereto.

begin delete

In

end delete

begin insert (e) end insert begin insert   end insert begin insert In end insert no case shall the penalty be waived.

begin delete

Upon

end delete

begin insert (f) end insert begin insert   end insert begin insert Upon end insert the receipt of the fee the board shall cause the renewal
certificate to be issued.

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 8590.1 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

8590.1.  

All applicator’s licenses shall expire at 12 midnight
three years from the date of issue. Every applicator shall pay a fee
for the renewal of his or her license.

The board shall, on or before 60 days prior to the expiration of
an applicator’s license, mail to the applicator whose license will
expire, addressed to him or her at his or her last known address, a
notice that his or her renewal fee is due and payable and that, if
not paid by the due date, a penalty will be added thereto. In no
case shall the penalty be waived. Upon the receipt of the fee, the
board shall cause the renewal certificate to be issued.

end delete

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 8593.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8593.1.  

The board shall require as a condition to the renewal
of each applicator’s license that the holder thereof submit proof
satisfactory to the board that he or she has completed courses of
continuing education in pesticide application and use approved by
the board or equivalent activity approved by the board. In lieu of
submitting that proof, the licenseholder, if he or she so desires,
may successfully apply for and pass an appropriate begin delete written end delete
applicator’s examination for renewal of a license given by the
board.

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 8612 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8612.  

begin insert (a) end insert begin insert   end insert The licenses of qualifying managers and company
registrations shall be prominently displayed in the registered
company’s office, and no registration issued hereunder shall
authorize the company to do business except from the location for
which the registration was issued. Each registered company having
a branch office or more than one branch office shall be required
to display its branch office registration prominently in each branch
office it maintains.

begin delete

When

end delete

begin insert (b) end insert begin insert   end insert begin insert When end insert a registered company opens a branch office it shall
notify the registrar begin delete in writing end delete on a form prescribed by the board
and issued by the registrar in accordance with rules and regulations
adopted by the board. The notification shall include the name of
the individual designated as the branch supervisor and shall be
submitted with the fee for a branch office prescribed by this
chapter.

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 8613 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8613.  

A registered company which changes the location of its
principal office or any branch office or which changes its qualifying
manager, branch supervisor, officers, or its bond or insurance shall
notify the registrar begin delete in writing of such end delete begin insert on a form prescribed by the
board of that end insert change within 30 days thereafter. A fee for filing
begin delete such end delete begin insert those end insert changes shall be charged in accordance with Section
8674.

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 8617 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8617.  

(a) The board or county agricultural commissioners,
when acting pursuant to Section 8616.4, may suspend the right of
a structural pest control licensee or registered company to work
in a county for up to three working days or, for a licensee,
registered company, or an unlicensed individual acting as a
licensee, may levy an administrative fine up to one thousand dollars
($1,000) or direct the licensee to attend and pass a board-approved
course of instruction at a cost not to exceed the administrative fine,
or both, for each violation of this chapter or Chapter 14.5
(commencing with Section 8698), or any regulations adopted
pursuant to these chapters, or Chapter 2 (commencing with Section
12751), Chapter 3 (commencing with Section 14001), Chapter 3.5
(commencing with Section 14101), or Chapter 7 (commencing
with Section 15201) of Division 7 of the Food and Agricultural
Code, or any regulations adopted pursuant to those chapters,
relating to pesticides. However, any violation determined by the
board or the commissioner to be a serious violation as defined in
Section 1922 of Title 16 of the California Code of Regulations
shall be subject to a fine of not more than five thousand dollars
($5,000) for each violation. Fines collected shall be paid to the
Education and Enforcement Account in the Structural Pest Control
Education and Enforcement Fund. Suspension may include all or
part of the registered company’s business within the county based
on the nature of the violation, but shall, whenever possible, be
restricted to that portion of a registered company’s business in a
county that was in violation.

(b) A licensee who passes a course pursuant to this section shall
not be awarded continuing education credit for that course.

(c) Before a suspension action is taken, a fine levied, or a
licensee is required to attend and pass a board-approved course of
instruction, the person charged with the violation shall be provided
a written notice of the proposed action, including the nature of the
violation, the amount of the proposed fine or suspension, or the
requirement to attend and pass a board-approved course of
instruction. The notice of proposed action shall inform the person
charged with the violation that if he or she desires a hearing before
the commissioner issuing the proposed action to contest the finding
of a violation, that hearing shall be requested by written notice to
the commissioner within 20 days of the date of receipt of the
written notice of proposed action.

begin delete

A

end delete

begin insert (d) end insert begin insert   end insert begin insert A end insert notice of the proposed action that is sent by certified mail
to the last known address of the person charged shall be considered
received even if delivery is refused or the notice is not accepted
at that address.

begin delete

If

end delete

begin insert (e) end insert begin insert   end insert begin insert If end insert a hearing is requested, notice of the time and place of the
hearing shall be given at least 10 days before the date set for the
hearing. At the hearing, the person shall be given an opportunity
to review the commissioner’s evidence and a right to present
evidence on his or her own behalf. If a hearing is not requested
within the prescribed time, the commissioner may take the action
proposed without a hearing.

begin delete

(d)

end delete

begin insert (f) end insert  If the person upon whom the commissioner imposed a fine
or suspension or required attendance at a board-approved course
of instruction requested and appeared at a hearing before the
commissioner, the person may appeal the commissioner’s decision
to the Disciplinary Review Committee and shall be subject to the
procedures in Section 8662.

begin delete

(e)

end delete

begin insert (g) end insert  If a suspension or fine is ordered, it may not take effect until
20 days after the date of the commissioner’s decision if no appeal
is filed. If an appeal pursuant to Section 8662 is filed, the
commissioner’s order shall be stayed until 30 days after the
Disciplinary Review Committee has ruled on the appeal.

begin delete

(f)

end delete

begin insert (h) end insert  Failure of a licensee or registered company to pay a fine
within 30 days of the date of assessment or to comply with the
order of suspension, unless the citation is being appealed, may
result in disciplinary action being taken by the board.

begin delete

Where

end delete

begin insert (i) end insert begin insert   end insert begin insert If end insert a citation containing a fine is issued to a licensee and it is
not contested or the time to appeal the citation has expired and the
fine is not paid, the full amount of the assessed fine shall be added
to the fee for renewal of that license. A license shall not be renewed
without payment of the renewal fee and fine.

begin delete

Where

end delete

begin insert (j) end insert begin insert   end insert begin insert If end insert a citation containing a fine is issued to a registered
company and it is not contested or the time to appeal the citation
has expired and the fine is not paid, the board shall not sell to the
registered company any pesticide use stamps until the assessed
fine has been paid.

begin delete

Where

end delete

begin insert (k) end insert begin insert   end insert begin insert If end insert a citation containing the requirement that a licensee attend
and pass a board-approved course of instruction is not contested
or the time to appeal the citation has expired and the licensee has
not attended and passed the required board-approved course of
instruction, the licensee’s license shall not be renewed without
proof of attendance and passage of the required board-approved
course of instruction.

begin delete

(g)

end delete

begin insert (l) end insert  Once final action pursuant to this section is taken, no other
administrative or civil action may be taken by any state
governmental agency for the same violation. However, action
taken pursuant to this section may be used by the board as evidence
of prior discipline, and multiple local actions may be the basis for
statewide disciplinary action by the board pursuant to Section
8620. A certified copy of the order of suspension or fine issued
pursuant to this section or Section 8662 shall constitute conclusive
evidence of the occurrence of the violation.

begin delete

(h) Where

end delete

begin insert (m) end insert begin insert   end insert begin insert If end insert the board is the party issuing the notice of proposed action
to suspend or impose a fine pursuant to subdivision (a),
“commissioner” as used in subdivisions (c), begin delete (d), end delete begin insert (f), end insert and begin delete (e) end delete begin insert (g) end insert
includes the board’s registrar.

begin insert

(n) An action brought pursuant to this section shall be
commenced by the commissioner within two years of the
occurrence of the violation. If a commissioner submits a completed
investigation to the board for action by the registrar of the Attorney
General, the action shall be commenced within one year of that
submission.

end insert

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 8622 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8622.  

begin insert (a) end insert begin insert   end insert When a complaint is accepted for investigation of
a registered company, the board, through an authorized
representative, may inspect any or all properties on which a report
has been issued pursuant to Section 8516 or a notice of completion
has been issued pursuant to Section 8518 by the registered company
to determine compliance with the provisions of this chapter and
the rules and regulations issued thereunder. If the board determines
the property or properties are not in compliance, a notice shall be
sent to the registered company so stating. The registered company
shall have 30 days from the receipt of the notice to bring begin delete such end delete begin insert the end insert
property into compliance, begin insert unless an extension is authorized by the
board, end insert and it shall submit a new original report or completion
notice or both and an inspection fee of not more than one hundred
twenty-five dollars ($125) for each property inspected. If a
subsequent reinspection is necessary, pursuant to the board’s
review of the new original report or notice or both, a commensurate
reinspection fee shall also be charged. If the board’s authorized
representative makes no determination or determines the property
is in compliance, no inspection fee shall be charged.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert notice sent to the registered company shall inform the
registered company that if it desires a hearing to contest the finding
of noncompliance, the hearing shall be requested by written notice
to the board within 20 days of receipt of the notice of
noncompliance from the board. begin delete Where end delete begin insert If end insert a hearing is not requested
pursuant to this section, payment of any assessment shall not
constitute an admission of any noncompliance charged.

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 8643 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8643.  

The negligent handling or use of any begin delete poisonous
exterminating agent end delete begin insert pesticide end insert is a ground for disciplinary action.

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 8647 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8647.  

Failure to comply in the sale or use of begin delete insecticides end delete
begin insert pesticides end insert with the provisions of Chapter 2 (commencing with
Section 12751) of Division 7 of the Food and Agricultural Code
is a ground for disciplinary action.

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 8651 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8651.  

The performing or soliciting of structural pest control
work, the inspecting for structural or household pests, or the
applying of any begin delete pesticide, chemical, or allied substance end delete begin insert pesticide end insert
for the purpose of eliminating, exterminating, controlling, or
preventing structural begin insert or household end insert pests in branches of pest control
other than those for which the operator, field representative, or
applicator is licensed or the company is registered is a ground for
disciplinary action.

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 8660 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8660.  

A disciplinary review committee consisting of three
members shall be established for the purposes of reviewing appeals
of orders issued pursuant to Section 8617. The committee shall be
made up of one member representing the Director of begin delete Food and
Agriculture end delete begin insert Pesticide Regulation end insert and one member representing
the board. The third member shall be a licensed pest control
operator actively involved in the business of pest control and shall
be selected by agreement of the other members.

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 8672.1 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 8672.1. end insert   

(a) As used in this chapter, “original applicator’s
license” means an applicator’s license issued for an individual
who did not have a license on the preceding June 30.

(b) For the purposes of this chapter, a renewal of an applicator’s
license means an applicator’s license issued to an individual who
had an applicator’s license on June 30 of the preceding renewal
period.

end insert

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 8673 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8673.  

License fees shall not be prorated unless an individual
licensed as an begin delete operator and end delete begin insert operator, end insert a field representative begin insert , or an
applicator end insert requests an earlier expiration date of one of the licenses
in accordance with Section 8590. All license and registration fees
shall be paid in advance of the issuance of the license or
registration, and all examination fees shall be paid in advance of
the examination.