Amended in Assembly August 22, 2014

Amended in Assembly August 19, 2014

Amended in Assembly June 11, 2014

Amended in Senate April 24, 2014

Senate BillNo. 1244


Introduced by Senator Lieu

(Principal coauthor: Assembly Member Bonilla)

February 20, 2014


An act to amend Sections 8505, 8505.1, 8505.2, 8505.5, 8505.10, 8505.12, 8505.14, 8505.17, 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, 8673, and 8674 of, to add Sections 8504.1 and 8672.1 to, and to repeal Sections 8505.6, 8565.6, and 8590.1 of, 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.

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, controllingbegin insert,end insert 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.

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 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.

Existing law requires registered structural pest control companies to submit monthly reports to the county agricultural commissioner reporting the name and registration number of each pesticide, the amount used, and the number of applications made. Existing law requires the report to have a pesticide stamp issued by the board, as specified.

This bill would authorize the use of pesticide stamp numbers in addition to pesticide stamps for those purposes. The bill would delete the requirement that the monthly reports specify the number of applications made for a pesticide. The bill would require structural pest control licensees to maintain a copy of the monthly report for 3 years after submission.

Existing law prescribes various fees for licensing, registration, examinations, and other purposes pertaining to structural pest control matters, and authorizes a fee of $2 for a pesticide use stamp in connection with a monthly pesticide report. Existing law provides that those fees may be deposited in the Structural Pest Control Research Fund, or with a bank or other depository, as specified.

This bill would prescribe a $2 fee for a pesticide use stamp number. The bill would delete provisions for deposit of the stamp and stamp number fees with a bank or other depository, and would make additional conforming changes.

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

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 thebegin insert registrar of theend insert Structural Pest Control Board,begin delete as specified,end deletebegin insert or the Attorney General,end insert the action would be required to be brought within one year of the commissioner’s submission.

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.

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

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

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

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

P3    1

SECTION 1.  

Section 8504.1 is added to the Business and
2Professions Code
, to read:

3

8504.1.  

“Pesticide” includes any of the following:

4(a) Any spray adjuvant.

5(b) Any substance, or mixture of substances, which is intended
6to be used for preventing, destroying, repelling, or mitigating any
7pest or organism.

8

SEC. 2.  

Section 8505 of the Business and Professions Code is
9amended to read:

10

8505.  

(a) “Structural pest control” and “pest control” as used
11in this chapter are synonymous. Except as provided in Section
128555 and elsewhere in this chapter, it is, with respect to household
13pests and wood destroying pests or organisms, or other pests that
14may invade households or other structures, including railroad cars,
15ships, docks, trucks, airplanes, or the contents thereof, the engaging
16in, offering to engage in, advertising for, soliciting, or the
17performance of, any of the following:

18(1) Identification of infestations or infections.

P4    1(2) The making of an inspection or inspections for the purpose
2of identifying or attempting to identify infestations or infections
3of household or other structures by those pests or organisms.

4(3) The making of inspection reports, recommendations,
5estimates, and bids, whether oral or written, with respect to those
6infestations or infections.

7(4) The making of contracts, or the submitting of bids for, or
8the performance of any work including the making of structural
9repairs or replacements, or the use of pesticides, or mechanical
10devices for the purpose of eliminating, exterminating, controlling
11or preventing infestations or infections of those pests, or organisms.

12 (b) “Household pests” are defined for the purpose of this chapter
13as those pests other than wood destroying pests or organisms,
14which invade households and other structures, including, but not
15limited to, rodents, vermin, and insects.

16

SEC. 3.  

Section 8505.1 of the Business and Professions Code
17 is amended to read:

18

8505.1.  

(a) Except as provided in subdivisions (b) and (c), for
19the purpose of this act, “fumigation” shall be defined as the use
20within an enclosed space for the destruction of plant or animal life,
21a substance having a vapor pressure greater than 5 millimeters of
22mercury at 25 degrees centigrade when the substance is labeled
23for those purposes.

24The following is a list of lethal fumigants:

25(1) Methyl bromide.

26(2) Sulfuryl fluoride.

27(3) Aluminum phosphide.

28The board may adopt, and may as necessary amend, by
29regulation, a list of fumigants.

30(b) For the purpose of this act, “warning agent” is any agent
31used in combination with any fumigant that lacks warning
32properties.

33The following is a warning agent:

34Chloropicrin.

35The board may adopt, and may as necessary amend, by
36regulation, a list of warning agents.

37(c) For the purpose of this act “simple asphyxiants” shall not
38be deemed to be fumigants.

39The following is a list of simple asphyxiants:

40(1) Liquid nitrogen.

P5    1(2) Carbon dioxide.

2The board may adopt, and may as necessary amend, by
3regulation, a list of simple asphyxiants.

4

SEC. 4.  

Section 8505.2 of the Business and Professions Code
5 is amended to read:

6

8505.2.  

Fumigation shall be performed only under the direct
7and personal supervision of an individual who is licensed by the
8board as an operator or field representative in Branch 1 as set forth
9in Section 8560.

10

SEC. 5.  

Section 8505.5 of the Business and Professions Code
11 is amended to read:

12

8505.5.  

(a) Notice of the date and place of fumigation, and
13chemicals to be used, shall be given by the fumigator to the fire
14department serving the area in which fumigation is to be performed
15not less than two hours prior to the time fumigation begins. The
16fire department shall not charge any fees for any service related
17to structural pest control activities except for the costs of an
18emergency response necessitated by illegal or negligent actions.

19(b) Notice of each fumigation to be performed shall be given
20to the commissioner in the county in which the job is to be
21performed. The notice, which may be mailed or given by telephone,
22at the option of the commissioner, shall be given at least 24 hours
23prior to the time fumigation begins, unless the commissioner
24determines that less time is sufficient. A fee shall not be assessed
25for processing this notice.

26

SEC. 6.  

Section 8505.6 of the Business and Professions Code
27 is repealed.

28

SEC. 7.  

Section 8505.10 of the Business and Professions Code
29 is amended to read:

30

8505.10.  

Warning signs shall be printed in red on white
31background and shall contain the following statement in letters
32not less than two inches in height: “DANGER--FUMIGATION.”
33They shall also depict a skull and crossbones not less than one
34inch in height and shall state in letters not less than one-half inch
35in height the name of the fumigant. These signs shall also include
36in legible ink of any color, the date and time fumigant was injected,
37and the name, address, and telephone number of the registered
38company performing the fumigation. Warning signs placed under
39a tarpaulin shall not be required to state the time the fumigant was
40injected.

P6    1

SEC. 8.  

Section 8505.12 of the Business and Professions Code
2 is amended to read:

3

8505.12.  

A registered company performing fumigation shall
4use an adequate warning agent with all fumigants which lack those
5properties. There may be circumstances in which the use of
6chloropicrin is not possible due to its unknown effects on sensitive
7items, including, but not limited to, artifacts in museums or in
8police evidence storage. In these circumstances, waiving the use
9of chloropicrin shall be approved by the state regulatory authority
10and documented in advance and shall include alternative safety
11precautions which address initial clearance of the site to be
12fumigated, potential movement of the fumigant to unattended
13areas, and continued site security. When conditions involving
14abnormal hazards exist, the licensee exercising direct and personal
15supervision shall take those safety precautions in addition to those
16prescribed by this chapter as are reasonably necessary to protect
17the public health and safety.

18

SEC. 9.  

Section 8505.14 of the Business and Professions Code
19 is amended to read:

20

8505.14.  

“Fumigator” means any individual licensed by the
21board as a structural pest control operator or as a structural pest
22control field representative in Branch 1 as set forth in Section 8560.

23

SEC. 10.  

Section 8505.17 of the Business and Professions
24Code
is amended to read:

25

8505.17.  

(a) There is hereby continued in existence in the State
26Treasury a special fund to be known as the Structural Pest Control
27Education and Enforcement Fund. Funds derived from the pesticide
28use report filing fee provided for in Section 8674 and all proceeds
29from civil penalties collected by the board pursuant to Section
308617 shall be deposited in the Education and Enforcement Account
31which is hereby created in the fund. The account shall be used by
32the board (1) for the purposes of training as provided in Section
338616, (2) for reimbursement to the Director of Pesticide Regulation
34for work performed as the agent of the board pursuant to Sections
358616, 8616.4, and 8617 and Section 15202 of the Food and
36Agricultural Code and for cases referred to the board pursuant to
37subdivision (b) of Section 8616.5, and (3) for reasonable expenses
38incurred by the Disciplinary Review Committee. There is no
39reimbursement from this fund for inspections and routine
40investigations.

P7    1(b) The board may withhold funds from its agent if it is not
2satisfied that its agent has corrected the problems which resulted
3in a suspension as provided in Section 8616.6. The authority to
4withhold funds shall be limited only to the withholding of an
5amount otherwise due the agent for reimbursable activities
6performed in the county or counties for which a notice has been
7filed pursuant to Section 8616.6.

8(c) Registered structural pest control companies shall prepare
9and submit to the county agricultural commissioner a monthly
10report of all pesticides used in that county. The report shall be on
11a form approved by the Director of Pesticide Regulation and shall
12contain the name and registration number of each pesticide and
13the amount used. The report shall be submitted to the commissioner
14by the 10th day of the month following the month of application
15and a copy shall be maintained by the licensee for a period of three
16years after the report submission date. Each pesticide use report
17or combination of use reports representing a registered structural
18pest control company’s total county pesticide use for the month
19shall require a pesticide use stamp or stamp number issued by the
20board in the denomination fixed by the board in accordance with
21Section 8674 as the pesticide use report filing fee. The board shall
22provide for the sale of these stamps and stamp numbers and for
23the refund of moneys paid for stamps and stamp numbers which
24are returned to it unused. When a registered structural pest control
25company performs no pest control during a month in a county in
26which it has given notice pursuant to Section 15204 of the Food
27and Agricultural Code, the registered company shall submit a use
28report stating this fact to the commissioner. A pesticide use stamp
29or stamp number is not required on negative use reports.

30(d) All other proceeds from civil penalties collected by the board
31shall be deposited in the Civil Penalties Account which is hereby
32created in the fund. These funds shall be available to the board
33upon appropriation by the Legislature for the purposes of enforcing
34this chapter.

35

SEC. 11.  

Section 8507.1 of the Business and Professions Code
36 is amended to read:

37

8507.1.  

(a) (1) “Structural pest control applicator” is any
38individual who is licensed by the board to apply pesticides in
39Branch 2 or Branch 3 on behalf of a registered company.

P8    1(2) A structural pest control applicator shall not contract for
2pest control work or perform pest control work in his or her own
3behalf.

4(b) As used in this chapter, “applicator” refers to “structural
5pest control applicator.”

6

SEC. 12.  

Section 8514 of the Business and Professions Code
7 is amended to read:

8

8514.  

(a) A Branch 2 or 3 registered company shall not
9commence work on a contract, or sign, issue, or deliver any
10documents expressing an opinion or statement relating to the
11control of household pests, or wood destroying pests or organisms
12until the registered company has completed an inspection.

13(b) Notwithstanding any provision of this chapter, after an
14inspection has been made, a registered company which holds a
15branch registration for the control of household pests, or wood
16destroying pests or organisms, but whose branch registration
17restricts the method of eradication or control permitted, may
18recommend and enter into a contract for the eradication or control
19of pests within the scope of its branch registration, provided that
20 it subcontracts, in writing, the actual performance of the work to
21a registered company which holds a branch registration authorizing
22the particular method to be used.

23(c) A registered company may subcontract, in writing, any pest
24control work for which it is registered in any branch or branches
25to a registered company holding a valid branch registration to do
26that work.

27(d) Nothing in this chapter shall be construed to prohibit a
28registered company or the consumer from subcontracting with a
29licensed contractor to do any work authorized under Section 8556.

30(e) A registered company shall not subcontract structural
31fumigation work, as permitted in this section, without the written
32consent of the consumer. The consumer shall be informed in
33advance, in writing, of any proposed work which the registered
34company intends to subcontract and of the consumer’s right to
35select another person or entity of the consumer’s choosing to
36perform the work. The consumer may authorize the subcontracting
37of the work as proposed or may contract directly with another
38registered company licensed to perform the work. Nothing in this
39paragraph shall be construed to eliminate any otherwise applicable
P9    1licensure requirements, nor permit a licensed contractor to perform
2any work beyond that authorized by Section 8556.

3(f) Nothing contained in this section shall permit or authorize
4a registered company to perform, attempt to perform, advertise or
5hold out to the public or to any person that it is authorized,
6qualified, or registered to perform, pest control work in a branch,
7 or by a method, for which it is not registered, except that a Branch
82 or Branch 3 registered company may advertise fumigation or
9any all encompassing treatment described in paragraph (8) of
10subdivision (a) of Section 1991 of Title 16 of the California Code
11of Regulations if the company complies with the requirements of
12this section.

13(g) Subcontracting of work, as permitted in this section, shall
14not relieve the prime contractor or the subcontractor from
15responsibility for, or from disciplinary action because of, an act
16or omission on its part, which would otherwise be a ground for
17disciplinary action. However, the registered company making the
18initial proposal including proposed work that the registered
19company intends to subcontract shall not be subject to disciplinary
20action or otherwise responsible for an act or omission in the
21performance of the work that the consumer directly contracts with
22another registered company, person, or entity to perform, as
23permitted by this section. All home solicitation contracts shall
24comply with Chapter 2 (commencing with Section 1688) of Title
255 of Part 2 of Division 3 of the Civil Code.

26

SEC. 13.  

Section 8518 of the Business and Professions Code
27 is amended to read:

28

8518.  

(a) When a registered company completes work under
29a contract, it shall prepare, on a form prescribed by the board, a
30notice of work completed and not completed, and shall furnish
31that notice to the owner of the property or the owner’s agent within
3210 business days after completing the work. The notice shall
33include a statement of the cost of the completed work and estimated
34cost of work not completed.

35(b) The address of each property inspected or upon which work
36was completed shall be reported on a form prescribed by the board
37and shall be filed with the board no later than 10 business days
38after completed work.

39(c) A filing fee shall be assessed pursuant to Section 8674 for
40every property upon which work is completed.

P10   1(d) Failure of a registered company to report and file with the
2board the address of any property upon which work was completed
3pursuant to subdivision (b) of Section 8516 or Section 8518 is
4grounds for disciplinary action and shall subject the registered
5company to a fine of not more than two thousand five hundred
6dollars ($2,500).

7(e) The registered company shall retain for three years all
8original notices of work completed, work not completed, and
9activity forms.

10(f) Notices of work completed and not completed shall be made
11available for inspection and reproduction to the executive officer
12of the board or his or her duly authorized representative during
13business hours. Original notices of work completed or not
14completed or copies thereof shall be submitted to the board upon
15request within two business days.

16

SEC. 14.  

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

18

8520.  

(a) There is in the Department of Consumer Affairs a
19Structural Pest Control Board, which consists of seven members.

20(b) Subject to the jurisdiction conferred upon the director by
21Division 1 (commencing with Section 100), the board is vested
22with the power to and shall administer the provisions of this
23chapter.

24(c) It is the intent of the Legislature that consumer protection
25is the primary mission of the board.

26(d) This section shall remain in effect only until January 1, 2019,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before January 1, 2019, deletes or extends that date.
29Notwithstanding any other law, the repeal of this section renders
30the board subject to review by the appropriate policy committees
31of the Legislature.

32

SEC. 15.  

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

34

8528.  

(a) With the approval of the director, the board shall
35appoint a registrar, fix his or her compensation, and prescribe his
36or her duties.

37(b) The registrar is the executive officer and secretary of the
38board.

P11   1(c) This section shall remain in effect only until January 1, 2019,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2019, deletes or extends that date.

4

SEC. 16.  

Section 8551.5 of the Business and Professions Code
5 is amended to read:

6

8551.5.  

Except as provided in this chapter, an unlicensed
7individual in the employ of a registered company shall not apply
8any pesticides included in Branch 2 or Branch 3. However, an
9individual may, for 90 days from the date of employment, apply
10pesticides for the purposes of training under the direct supervision
11of a licensed field representative or operator employed by the
12company. This direct supervision means in the presence of the
13licensed field representative or operator at all times. The 90-day
14time period may not be extended.

15

SEC. 17.  

Section 8560 of the Business and Professions Code
16 is amended to read:

17

8560.  

(a) Licenses issued to operators, field representatives,
18or applicators shall be limited to the branch or branches of pest
19control for which the applicant has qualified by application and
20examination.

21(b) For the purpose of delimiting the type and character of work
22authorized by the various branch licenses, the practice of pest
23control is classified into the following branches:

24(1) Branch 1.  Fumigation. The practice relating to the control
25of household and wood-destroying pests or organisms by
26fumigation with poisonous or lethal gases.

27(2) Branch 2.  General pest. The practice relating to the control
28of household pests, excluding fumigation with poisonous or lethal
29gases.

30(3) Branch 3.  Termite. The practice relating to the control of
31wood-destroying pests or organisms by the use of insecticides, or
32structural repairs and corrections, excluding fumigation with
33poisonous or lethal gases.

34(c) The board may issue a license for a combination of two or
35more branches for which an applicant qualifies under the provisions
36of this chapter, and the combination license shall be considered
37one license.

38(d) Unless otherwise authorized by the board, all examinations
39shall be supplied by the board. All examinations shall be kept for
40a period of one year, upon the expiration of which these records
P12   1may be destroyed on order of the board. Each applicant for license
2as an operator or a field representative shall be designated by a
3number instead of by name, and the identity thereof shall not be
4disclosed until the examinations are graded. A person shall not be
5admitted to the examination room except members of the board,
6the examining personnel, and the applicants.

7(e) The board shall make rules and regulations for the purpose
8of securing fair, impartial, and proper examinations.

9(f) Licensees may be licensed in other branches upon complying
10with the requirements for qualification and by examination in those
11other branches. A failure of the licensee to pass examination in
12the other branch or branches shall not have any effect on existing
13licenses.

14(g) The examination shall be in each of the subjects specified
15in the branch or branches relating to the respective applications.
16A license according to the applications shall be granted to any
17applicant who shall make a general average of not less than 70
18percent on each of the subjects of the branch or branches.

19

SEC. 18.  

Section 8562 of the Business and Professions Code
20 is amended to read:

21

8562.  

(a) To obtain an original operator’s license, an applicant
22shall submit to the registrar an application containing the statement
23that the applicant desires the issuance of an operator’s license
24under the terms of this chapter.

25(b) The application shall be made on forms prescribed by the
26board and issued by the registrar in accordance with rules and
27regulations adopted by the board, and shall contain the following:

28(1) The name of the applicant.

29(2) Proof satisfactory to the board that the applicant has had
30actual experience for a period of not less than the time specified
31opposite the branches of pest control listed below in the employ
32of a registered company in the State of California in the particular
33branch or branches of pest control for which the applicant desires
34to be licensed, or the equivalent of that experience:


35

 

Branch 1   

2 years

Branch 2   

2 years

Branch 3   

4 years

P12  39

 

P13   1(c) For the purpose of this subdivision one year shall equal 1,600
2hours of actual experience in the field.

3(d) A designation of the branch or branches for which the
4application is made.

5(e) The fees prescribed by this chapter.

6(f) No operator’s license shall be issued to an individual under
718 years of age.

8(g) Effective January 1, 1993, an operator’s license shall not be
9issued to an individual unless that individual has been licensed as
10a field representative in the branch in which the individual has
11applied for an operator’s license for a period of at least one year,
12in the case of Branches 1 and 2, or for a period of at least two years
13for Branch 3, or has demonstrated to the satisfaction of the board
14that he or she has the equivalent of that training and experience.

15

SEC. 19.  

Section 8564 of the Business and Professions Code
16 is amended to read:

17

8564.  

(a) To obtain an original field representative’s license,
18an applicant shall submit to the registrar an application containing
19a statement that the applicant desires the issuance of a field
20representative’s license under the terms of this chapter.

21(b) The application shall be made on a form prescribed by the
22board and issued by the registrar in accordance with rules and
23regulations adopted by the board, and shall contain the following:

24(1) The length of time during which the applicant has engaged
25in any work relating to pest control.

26(2) The name and place of business of the person who last
27employed him or her.

28(3) The name of the person by whom the applicant is employed.

29(4) The name of the registered company by which the applicant
30is to be employed.

31(5) The fees prescribed by this chapter.

32(c) The board shall not accept any application for a field
33representative’s license in Branch 1 unless the applicant submits
34proof satisfactory to the board that he or she has had six months’
35training and experience in the practice of fumigating with
36poisonous or lethal gases under the immediate supervision of an
37individual licensed to practice fumigating, or the equivalent of that
38training and experience.

39(d) The board shall not accept any application for a field
40representative’s license in Branch 2 unless the applicant submits
P14   1proof satisfactory to the board that he or she has had training and
2experience in the practice of pesticide application, Branch 2 pest
3identification and biology, pesticide application equipment, and
4pesticide hazards and safety practice under the immediate
5supervision of an operator or field representative licensed in Branch
62, or the equivalent of that training and experience.

7(e) The board shall not accept any application for a field
8representative’s license in Branch 3 unless the applicant submits
9proof satisfactory to the board that he or she has had training and
10experience in the practice of pesticide application, Branch 3 pest
11identification and biology, pesticide application equipment,
12pesticide hazards and safety practices, structural repairs, and
13structural inspection procedures and report writing under the
14immediate supervision of an operator or field representative
15licensed in Branch 3, or the equivalent of that training and
16experience.

17

SEC. 20.  

Section 8564.6 of the Business and Professions Code
18 is amended to read:

19

8564.6.  

(a) To obtain an original applicator’s license, an
20applicant shall submit to the registrar an application containing a
21statement that the applicant requests the issuance of an applicator’s
22license under the terms of this chapter.

23(b) The application shall be made on a form prescribed by the
24board and issued by the registrar in accordance with rules and
25regulations adopted by the board and shall contain the following:

26(1) The name of the registered company by which the applicant
27is to be employed.

28(2) The fee prescribed by this chapter.

29

SEC. 21.  

Section 8565 of the Business and Professions Code
30 is amended to read:

31

8565.  

The board shall ascertain by examination that an
32applicant for a license as operator is qualified in the use and
33understanding of all of the following:

34(a) The English language, including reading and writing.

35(b) The building and safety laws of the state and any of its
36political subdivisions, if the branch or branches of pest control for
37which he or she is applying, require that knowledge.

38(c) The labor laws of the state.

39(d) The provisions of this chapter.

P15   1(e) Pesticides used in pest control, if the branch license or
2licenses for which he or she is applying, require that knowledge.

3(f) The theory and practice of the branch or branches of pest
4control in which the applicant desires to be licensed.

5(g) Other state laws, safety or health measures, or practices that
6are reasonably within the scope of structural pest control in the
7various branches, including an applicant’s knowledge of the
8requirements regarding health effects and restrictions on
9applications, as set forth in Section 8538.

10

SEC. 22.  

Section 8565.6 of the Business and Professions Code
11 is repealed.

12

SEC. 23.  

Section 8566 of the Business and Professions Code
13 is amended to read:

14

8566.  

The board shall ascertain by examination that an
15applicant for a license as field representative is qualified in the use
16and understanding of the following:

17(a) The safety laws of the state, if the branch or branches of pest
18control for which he or she is applying, require that knowledge.

19(b) The provisions of this chapter.

20(c) Pesticides used in pest control, if the branch or branches of
21pest control for which he or she is applying, require that
22knowledge.

23(d) The theory and practice of pest control in the branch or
24branches thereof for which the applicant desires to be licensed.

25(e) Other state laws, safety or health measures, or practices as
26are reasonably within the scope of structural pest control in the
27various branches.

28

SEC. 24.  

Section 8567 of the Business and Professions Code
29 is amended to read:

30

8567.  

Should a field representative or applicator change his or
31her employment, or should an operator enter the employ of a
32registered company, or being already employed by a registered
33company change his or her employment, or being employed by a
34registered company leave that employment and enter the pest
35control business on his or her own behalf, he or she shall notify
36the registrar on a form prescribed by the board and issued by the
37registrar in accordance with rules and regulations adopted by the
38board. The registrar shall register the change in his or her records.

39

SEC. 25.  

Section 8590 of the Business and Professions Code
40 is amended to read:

P16   1

8590.  

(a) Except as otherwise provided herein, an operator’s,
2field representative’s, and applicator’s licenses shall expire at 12
3midnight on June 30 of the third year from the date of issue.

4(b) An individual licensed in more than one category may
5request that each license expire on the same date. The date
6requested shall be the date of the earliest expiration.

7(c) An operator, field representative, and applicator shall pay a
8fee for the renewal of his or her license.

9(d) The board shall on or before the first day of June of each
10year mail to each operator, field representative, and applicator
11whose license will expire in that year, addressed to him or her at
12his or her last known address, a notice that his or her renewal fee
13is due and payable and that, if not paid by June 30, a penalty will
14be added thereto.

15(e) In no case shall the penalty be waived.

16(f) Upon the receipt of the fee the board shall cause the renewal
17certificate to be issued.

18

SEC. 26.  

Section 8590.1 of the Business and Professions Code
19 is repealed.

20

SEC. 27.  

Section 8593.1 of the Business and Professions Code
21 is amended to read:

22

8593.1.  

The board shall require as a condition to the renewal
23of each applicator’s license that the holder thereof submit proof
24satisfactory to the board that he or she has completed courses of
25continuing education in pesticide application and use approved by
26the board or equivalent activity approved by the board. In lieu of
27submitting that proof, the licenseholder, if he or she so desires,
28may successfully apply for and pass an appropriate applicator’s
29examination for renewal of a license given by the board.

30

SEC. 28.  

Section 8612 of the Business and Professions Code
31 is amended to read:

32

8612.  

(a) The licenses of qualifying managers and company
33registrations shall be prominently displayed in the registered
34company’s office, and no registration issued hereunder shall
35authorize the company to do business except from the location for
36which the registration was issued. Each registered company having
37a branch office or more than one branch office shall be required
38to display its branch office registration prominently in each branch
39office it maintains.

P17   1(b) When a registered company opens a branch office it shall
2notify the registrar on a form prescribed by the board and issued
3by the registrar in accordance with rules and regulations adopted
4by the board. The notification shall include the name of the
5individual designated as the branch supervisor and shall be
6submitted with the fee for a branch office prescribed by this
7chapter.

8

SEC. 29.  

Section 8613 of the Business and Professions Code
9 is amended to read:

10

8613.  

A registered company which changes the location of its
11principal office or any branch office or which changes its qualifying
12manager, branch supervisor, officers, or its bond or insurance shall
13notify the registrar on a form prescribed by the board of that change
14within 30 days thereafter. A fee for filing those changes shall be
15charged in accordance with Section 8674.

16

SEC. 30.  

Section 8617 of the Business and Professions Code
17 is amended to read:

18

8617.  

(a) The board or county agricultural commissioners,
19when acting pursuant to Section 8616.4, may suspend the right of
20a structural pest control licensee or registered company to work
21in a county for up to three working days or, for a licensee,
22registered company, or an unlicensed individual acting as a
23licensee, may levy an administrative fine up to one thousand dollars
24($1,000) or direct the licensee to attend and pass a board-approved
25course of instruction at a cost not to exceed the administrative fine,
26or both, for each violation of this chapter or Chapter 14.5
27(commencing with Section 8698), or any regulations adopted
28pursuant to these chapters, or Chapter 2 (commencing with Section
2912751), Chapter 3 (commencing with Section 14001), Chapter 3.5
30(commencing with Section 14101), or Chapter 7 (commencing
31with Section 15201) of Division 7 of the Food and Agricultural
32Code, or any regulations adopted pursuant to those chapters,
33relating to pesticides. However, any violation determined by the
34board or the commissioner to be a serious violation as defined in
35Section 1922 of Title 16 of the California Code of Regulations
36shall be subject to a fine of not more than five thousand dollars
37($5,000) for each violation. Fines collected shall be paid to the
38Education and Enforcement Account in the Structural Pest Control
39Education and Enforcement Fund. Suspension may include all or
40part of the registered company’s business within the county based
P18   1on the nature of the violation, but shall, whenever possible, be
2restricted to that portion of a registered company’s business in a
3county that was in violation.

4(b) A licensee who passes a course pursuant to this section shall
5not be awarded continuing education credit for that course.

6(c) Before a suspension action is taken, a fine levied, or a
7licensee is required to attend and pass a board-approved course of
8instruction, the person charged with the violation shall be provided
9a written notice of the proposed action, including the nature of the
10violation, the amount of the proposed fine or suspension, or the
11requirement to attend and pass a board-approved course of
12instruction. The notice of proposed action shall inform the person
13charged with the violation that if he or she desires a hearing before
14the commissioner issuing the proposed action to contest the finding
15of a violation, that hearing shall be requested by written notice to
16the commissioner within 20 days of the date of receipt of the
17written notice of proposed action.

18(d) A notice of the proposed action that is sent by certified mail
19to the last known address of the person charged shall be considered
20 received even if delivery is refused or the notice is not accepted
21at that address.

22(e) If a hearing is requested, notice of the time and place of the
23hearing shall be given at least 10 days before the date set for the
24hearing. At the hearing, the person shall be given an opportunity
25to review the commissioner’s evidence and a right to present
26evidence on his or her own behalf. If a hearing is not requested
27within the prescribed time, the commissioner may take the action
28proposed without a hearing.

29(f) If the person upon whom the commissioner imposed a fine
30or suspension or required attendance at a board-approved course
31of instruction requested and appeared at a hearing before the
32commissioner, the person may appeal the commissioner’s decision
33to the Disciplinary Review Committee and shall be subject to the
34procedures in Section 8662.

35(g) If a suspension or fine is ordered, it may not take effect until
3620 days after the date of the commissioner’s decision if no appeal
37is filed. If an appeal pursuant to Section 8662 is filed, the
38commissioner’s order shall be stayed until 30 days after the
39Disciplinary Review Committee has ruled on the appeal.

P19   1(h) Failure of a licensee or registered company to pay a fine
2within 30 days of the date of assessment or to comply with the
3order of suspension, unless the citation is being appealed, may
4result in disciplinary action being taken by the board.

5(i) If a citation containing a fine is issued to a licensee and it is
6not contested or the time to appeal the citation has expired and the
7fine is not paid, the full amount of the assessed fine shall be added
8to the fee for renewal of that license. A license shall not be renewed
9without payment of the renewal fee and fine.

10(j) If a citation containing a fine is issued to a registered
11company and it is not contested or the time to appeal the citation
12has expired and the fine is not paid, the board shall not sell to the
13registered company any pesticide use stamps until the assessed
14fine has been paid.

15(k) If a citation containing the requirement that a licensee attend
16and pass a board-approved course of instruction is not contested
17or the time to appeal the citation has expired and the licensee has
18not attended and passed the required board-approved course of
19instruction, the licensee’s license shall not be renewed without
20proof of attendance and passage of the required board-approved
21course of instruction.

22(l) Once final action pursuant to this section is taken, no other
23 administrative or civil action may be taken by any state
24governmental agency for the same violation. However, action
25taken pursuant to this section may be used by the board as evidence
26of prior discipline, and multiple local actions may be the basis for
27statewide disciplinary action by the board pursuant to Section
288620. A certified copy of the order of suspension or fine issued
29pursuant to this section or Section 8662 shall constitute conclusive
30evidence of the occurrence of the violation.

31(m) If the board is the party issuing the notice of proposed action
32to suspend or impose a fine pursuant to subdivision (a),
33“commissioner” as used in subdivisions (c), (f), and (g) includes
34the board’s registrar.

35(n) An action brought pursuant to this section shall be
36commenced by the commissioner within two years of the
37occurrence of the violation. If a commissioner submits a completed
38 investigation to the board for action by the registrarbegin delete ofend deletebegin insert orend insert the
39Attorney General, the action shall be commenced within one year
40of that submission.

P20   1

SEC. 31.  

Section 8622 of the Business and Professions Code
2 is amended to read:

3

8622.  

(a) When a complaint is accepted for investigation of a
4registered company, the board, through an authorized
5representative, may inspect any or all properties on which a report
6has been issued pursuant to Section 8516 or a notice of completion
7has been issued pursuant to Section 8518 by the registered company
8to determine compliance with the provisions of this chapter and
9the rules and regulations issued thereunder. If the board determines
10the property or properties are not in compliance, a notice shall be
11sent to the registered company so stating. The registered company
12shall have 30 days from the receipt of the notice to bring the
13property into compliance, unless an extension is authorized by the
14board, and it shall submit a new original report or completion
15notice or both and an inspection fee of not more than one hundred
16twenty-five dollars ($125) for each property inspected. If a
17subsequent reinspection is necessary, pursuant to the board’s
18review of the new original report or notice or both, a commensurate
19reinspection fee shall also be charged. If the board’s authorized
20representative makes no determination or determines the property
21is in compliance, no inspection fee shall be charged.

22(b) The notice sent to the registered company shall inform the
23registered company that if it desires a hearing to contest the finding
24of noncompliance, the hearing shall be requested by written notice
25to the board within 20 days of receipt of the notice of
26noncompliance from the board. If a hearing is not requested
27pursuant to this section, payment of any assessment shall not
28constitute an admission of any noncompliance charged.

29

SEC. 32.  

Section 8643 of the Business and Professions Code
30 is amended to read:

31

8643.  

The negligent handling or use of any pesticide is a ground
32for disciplinary action.

33

SEC. 33.  

Section 8647 of the Business and Professions Code
34 is amended to read:

35

8647.  

Failure to comply in the sale or use of pesticides with
36the provisions of Chapter 2 (commencing with Section 12751) of
37Division 7 of the Food and Agricultural Code is a ground for
38disciplinary action.

39

SEC. 34.  

Section 8651 of the Business and Professions Code
40 is amended to read:

P21   1

8651.  

The performing or soliciting of structural pest control
2work, the inspecting for structural or household pests, or the
3applying of any pesticide for the purpose of eliminating,
4exterminating, controlling, or preventing structural or household
5pests in branches of pest control other than those for which the
6operator, field representative, or applicator is licensed or the
7company is registered is a ground for disciplinary action.

8

SEC. 35.  

Section 8660 of the Business and Professions Code
9 is amended to read:

10

8660.  

A disciplinary review committee consisting of three
11members shall be established for the purposes of reviewing appeals
12of orders issued pursuant to Section 8617. The committee shall be
13made up of one member representing the Director of Pesticide
14Regulation and one member representing the board. The third
15member shall be a licensed pest control operator actively involved
16in the business of pest control and shall be selected by agreement
17of the other members.

18

SEC. 36.  

Section 8672.1 is added to the Business and
19Professions Code
, to read:

20

8672.1.  

(a) As used in this chapter, “original applicator’s
21license” means an applicator’s license issued for an individual who
22did not have a license on the preceding June 30.

23(b) For the purposes of this chapter, a renewal of an applicator’s
24license means an applicator’s license issued to an individual who
25had an applicator’s license on June 30 of the preceding renewal
26period.

27

SEC. 37.  

Section 8673 of the Business and Professions Code
28 is amended to read:

29

8673.  

License fees shall not be prorated unless an individual
30licensed as an operator, a field representative, or an applicator
31requests an earlier expiration date of one of the licenses in
32accordance with Section 8590. All license and registration fees
33shall be paid in advance of the issuance of the license or
34registration, and all examination fees shall be paid in advance of
35the examination.

36

SEC. 38.  

Section 8674 of the Business and Professions Code
37 is amended to read:

38

8674.  

The fees prescribed by this chapter are the following:

39(a) A duplicate license fee of not more than two dollars ($2).

P22   1(b) A fee for filing a change of name of a licensee of not more
2than two dollars ($2).

3(c) An operator’s examination fee of not more than twenty-five
4dollars ($25).

5(d) An operator’s license fee of not more than one hundred fifty
6dollars ($150).

7(e) An operator’s license renewal fee of not more than one
8hundred fifty dollars ($150).

9(f) A company registration fee of not more than one hundred
10twenty dollars ($120).

11(g) A branch office registration fee of not more than sixty dollars
12($60).

13(h) A field representative’s examination fee of not more than
14fifteen dollars ($15).

15(i) A field representative’s license fee of not more than forty-five
16dollars ($45).

17(j) A field representative’s license renewal fee of not more than
18forty-five dollars ($45).

19(k) An applicator’s examination fee of not more than fifteen
20dollars ($15).

21(l) An applicator’s license fee of not more than fifty dollars
22($50).

23(m) An applicator’s license renewal fee of not more than fifty
24dollars ($50).

25(n) An activity form fee, per property address, of not more than
26three dollars ($3).

27(o) A fee for certifying a copy of an activity form of not more
28than three dollars ($3).

29(p) A fee for filing a change of a registered company’s name,
30principal office address, or branch office address, qualifying
31manager, or the names of a registered company’s officers, or bond
32or insurance of not more than twenty-five dollars ($25) for each
33change.

34(q) A fee for approval of continuing education providers of not
35more than fifty dollars ($50).

36(r) A pesticide use report filing fee of not more than five dollars
37($5) for each pesticide use report or combination of use reports
38representing a registered structural pest control company’s total
39county pesticide use for the month.

P23   1(s) A fee for approval of continuing education courses of not
2more than twenty-five dollars ($25).

3(t) (1) Any person who pays a fee pursuant to subdivision (r)
4shall, in addition, pay a fee of two dollars ($2) for each pesticide
5use stamp or stamp number purchased from the board.
6Notwithstanding any other law, the fee established pursuant to this
7subdivision shall be deposited into the Structural Pest Control
8Research Fund that is hereby continued in existence and
9continuously appropriated to be used only for structural pest control
10research.

11(2) A charge for administrative expenses of the board in an
12amount not to exceed 5 percent of the amount collected and
13deposited in the Structural Pest Control Research Fund may be
14assessed against the fund. The charge shall be limited to expenses
15directly related to the administration of the fund.

16(3) The board shall, by regulation, establish a five-member
17research advisory panel, including, but not limited to,
18representatives from the Structural Pest Control Board, the
19structural pest controlbegin delete industryend deletebegin insert industry,end insert the Department of
20Pesticide Regulation, and the University of California. The panel,
21or other entity designated by the board, shall solicit on behalf of
22the board all requests for proposals and present to the panel all
23proposals that meet the criteria established by the panel. The panel
24shall review the proposals and recommend to the board which
25proposals to accept. The recommendations shall be accepted upon
26a two-thirds vote of the board. The board shall direct the panel, or
27other entity designated by the board, to prepare and issue the
28research contracts and authorize the transfer of funds from the
29Structural Pest Control Research Fund to the applicants whose
30proposals were accepted by the board.

31(4) A charge for requests for proposals, contracts, and
32monitoring of contracted research shall not exceed 5 percent of
33the research funds available each year and shall be paid from the
34Structural Pest Control Research Fund.



O

    95