BILL ANALYSIS Ó
AB 2529
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Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2529 (Linder) - As Amended April 14, 2016
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|Policy |Business and Professions |Vote:|15 - 0 |
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill clarifies the circumstances under which a registered
structural pest control company may hire or employ unlicensed
individuals, and clarifies the authority of a county
agricultural commissioner in taking disciplinary action against
an employer, including imposing an administrative fine against
both the employer and employee of up to $5,000, for failing to
wear personal protective equipment.
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FISCAL EFFECT:
Minor increase in fine revenue to the Structural Pest Control
Board's (SPCB) due to potential increase in fines, but it is
unclear how much revenue the fines will generate.
COMMENTS:
1)Background/Purpose. The changes this bill seeks to make were
approved by the Structural Pest Control Board's Act Review
Committee, which reviews the structural pest control practice
act and recommends changes to the full SPCB. The approval was
adopted by the SPCB at its October 8, 2015 meeting. According
to the author, this bill clarifies "the circumstances under
which a registered company may hire or employ unlicensed
individuals." This bill also seeks to provide "clearer
guidelines for county enforcement personnel to follow when
deciding whether to take administrative action against an
employer, an employee, or both, when an employee fails to wear
the proper personal protective equipment."
2)Hiring Unlicensed Personnel for Non-Pest Control Work.
Existing law prescribes three different classifications of
structural pest control licenses (termed "branches") based on
the types of pest control work permitted. Existing law allows
a Branch 3 registered company to hire or employ unlicensed
individuals to work on a pest control contract covering wood
destroying organisms only after an operator or filed
representative has fully negotiated or signed the contract.
This allows registered companies to negotiate contracts that
include more than just pest control, such as repairs, and to
utilize unlicensed individuals to perform the non-pest control
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work.
However, Branch 1 and Branch 2 contracts involving other
household pests and organisms often still require non-pest
control work. This bill expands the existing authorization to
hire unlicensed workers to Branch 1 and Branch 2 companies.
3)Disciplinary Action by County Agricultural Commissioners.
Current law provides that a county agricultural commissioner
shall be the lead agency for inspections and routine
investigations of pesticide use by structural pest control
licensees, registered companies, and unlicensed persons.
Further, it authorizes the agricultural commissioners to cite
an employer where an employee is discovered not wearing
personal protective equipment, so long as there are specified
circumstances indicating the employer is not at fault.
However, the law is vague both as to what types of
disciplinary actions the commissioner may take and the extent
of the commissioner's discretion. This bill seeks to clarify
the duties and powers of the commissioner by providing
additional guidelines.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081
AB 2529
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