BILL NUMBER: AB 2529	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Linder

                        FEBRUARY 19, 2016

   An act to amend Sections 8506.1 and 8616.9 of the Business and
Professions Code, relating to structural pest control.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2529, as introduced, Linder. Structural pest control.
   Existing law defines, licenses, and regulates structural pest
control operators and creates the Structural Pest Control Board in
the Department of Consumers Affairs to administrate these provisions.
Existing law defines a registered company to be specified types of
business organizations registered with the board to engage in the
practice of structural pest control and defines operators, field
representatives, and applicators as specified classes of individual
licensed by the board to practice structural pest control. Existing
law prescribes 3 different classifications of structural pest control
licenses based on the types of pest control work permitted, which
are termed branches. Existing law makes a violation of these
provisions a misdemeanor, punishable by a fine of not less than $100
and not more $1,000, or 6 months in jail, or both.
   Existing law authorizes a company registered with the board to
engage in the practice of structural pest control to hire or employ
individuals who are unlicensed to perform contracts covering wood
destroying organisms only after an operator or field representative
completes the negotiation or signing of the contract covering the
job.
   This bill would specify that the registered company may hire or
employ unlicensed individuals to perform work on contracts or service
agreements, as defined, covering Branches 1, 2, or 3, or combination
thereof.
   Existing law prescribes the circumstances under which an employer
may be cited if, during an inspection or investigation, an employee
is found not wearing personal protective clothing required by
regulation.
    The bill would, instead, permit disciplinary action against the
employer and the assessment of a civil fine not to exceed $___ if the
employee is found to not wear personal protective equipment required
by label or regulation. The bill would, if disciplinary action is
not taken against the employer, permit a civil fine to be assessed
against the employee only if an employer provides evidence of
specified employer practices and would also include, in this regard,
the requirement that the employer has not been disciplined for a
violation of the requirement for the previous 2 years.
   By expanding the definition of a crime, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8506.1 of the Business and Professions Code is
amended to read:
   8506.1.   (a)    A "registered company" is any
sole proprietorship, partnership, corporation, or other organization
or any combination thereof that is registered with the Structural
Pest Control Board to engage in the practice of structural pest
control. 
    A 
    (b)     A  registered company may
secure structural pest control work, submit bids, or otherwise
contract for pest control work. A registered company may employ
licensed field representatives and licensed operators to identify
infestations or infections, make inspections, and represent the
company in the securing of pest control work. A registered company
may hire or employ individuals who are not licensed under this
chapter to perform work on contracts covering 
wood-destroying organisms   Branch 1, 2, or 3, or any
combination of branches,  only after an operator or field
representative has fully completed the negotiation or signing of the
contract covering a given job. 
   A registered company may hire and use individuals who are not
licensed under this chapter on service contracts already established.
 
   (c) This section shall not be construed to authorize an unlicensed
individual to perform work that requires a license pursuant to this
chapter. 
  SEC. 2.  Section 8616.9 of the Business and Professions Code is
amended to read:
   8616.9.   (a)    If an employee is found during
an inspection or investigation not wearing personal protective
equipment required by  label or  regulation, the
commissioner  shall have the option to use discretion in
citing an employer only if evidence of all of the following is
provided:   may take disciplinary action  
against an employer and may assess a civil fine against the employee.
If the commissioner does not take disciplinary action against an
employer, the commissioner may assess a civil fine against the
employee only if the employer provides evidence of all of the fo
  llowing:  
   (a) 
    (1)  The employer has a written training program, has
provided training to the employee, and has maintained a record of
training as required by  label or  regulation. 
   (b) 
    (2)  The employer provided personal protective equipment
required by  label or  regulation, the equipment was
available at the site when the employee was handling the pesticide or
pesticides, and the equipment was properly maintained and in good
working order. 
   (c) 
    (3)  The employer is in compliance with regulations
relating to the workplace and supervision of employees. 
   (d) 
    (4)  The employer has  implemented 
 documented implementation  and adheres to a written company
policy of disciplinary action for employees who violate company
policy or state or local laws or regulations. 
   (e) 
    (5)  The employer has  no history of repeated
violations of this section.   not been disciplined for a
violation of the personal protective equipment requirement for the
previous two years.  
   (b) A civil fine assessed against an employee pursuant to this
section shall not exceed _____dollars ($____). 
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.