BILL NUMBER: AB 2529 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2016
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 amended, 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
administer 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
individuals 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
Branch 1, 2, or 3, or combination
combinations thereof.
Existing law designates the county agricultural commissioner
as the lead agency for inspections and routine investigations of
pesticide use by the board licensees and registered companies.
Existing law prescribes the circumstances under which an
employer may be cited by the commissioner if, during an
inspection or investigation, an employee is found not wearing
personal protective clothing required by regulation.
The bill would, instead, would recast
these provisions to permit referral for statewide
disciplinary action against the employer and
employer, suspension of the employer, the assessment of
a civil an administrative
fine against both the employer and the employee not to
exceed $___ $5,000 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, employer and the
employer is not assessed an administrative fine,
permit a civil fine an administrative 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 or assessed an administrative fine
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.
(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 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.
(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 may take disciplinary
action refer the violation by the employer for
statewide disciplinary action by the board or suspend the right of
the employer to work in the county for up to three working days. If
the commissioner does neither, the commissioner may assess an
administrative fine against an both the
employer and may assess a civil fine against
the employee. If the commissioner does not take
disciplinary action against an employer, the If the
commissioner takes no action against the employer for this violation,
the commissioner may assess a civil an
administrative fine against the employee only
if the employer provides evidence of all of the following:
(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.
(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.
(3) The employer is in compliance with regulations relating to the
workplace and supervision of employees.
(4) The employer has 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.
(5) The employer has not been disciplined or assessed an
administrative fine 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 ($____).
(b) (1) An administrative fine assessed against an employer
pursuant to this section shall not be less than seven hundred dollars
($700) nor more than five thousand dollars ($5,000). An
administrative fine assessed against an employee pursuant to this
section shall not be less than two hundred fifty dollars ($250) nor
more than five thousand dollars ($5,000).
(2) In assessing an administrative fine pursuant to this section,
the board or commissioner shall consider the appropriateness of the
amount of the fine to the gravity of the violation, the good faith of
the licensee, and the history of prior violations.
(c) Nothing in this section is intended to limit the authority of
the commissioner to take action against the employee pursuant to
Section 8617, including suspension of the employee's license or
referral of the violation for statewide disciplinary action by the
board pursuant to Section 8620.
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.