BILL NUMBER: AB 693 CHAPTERED 08/30/99 CHAPTER 257 FILED WITH SECRETARY OF STATE AUGUST 30, 1999 APPROVED BY GOVERNOR AUGUST 30, 1999 PASSED THE ASSEMBLY AUGUST 16, 1999 PASSED THE SENATE JULY 15, 1999 AMENDED IN SENATE JULY 1, 1999 AMENDED IN SENATE JUNE 21, 1999 AMENDED IN ASSEMBLY APRIL 7, 1999 INTRODUCED BY Assembly Member Machado FEBRUARY 23, 1999 An act to amend Section 8550 of the Business and Professions Code, relating to structural pest control. LEGISLATIVE COUNSEL'S DIGEST AB 693, Machado. Structural pest control: solicitation by unlicensed persons. (1) Existing law provides that it is unlawful for any unlicensed individual or unregistered business entity to engage or offer to engage in the practice of structural pest control, as defined. Existing law also provides, however, that the practice of structural pest control does not include price quotations given by unlicensed employees on behalf of a registered company in response to a request for that information. Existing law also provides that any violation of the law governing structural pest control is a crime and subject to specified criminal penalties. This bill would authorize an unlicensed person to solicit pest control work on behalf of a structural pest control company, provided that the company is registered and the unlicensed individual does not perform or offer to perform any act for which an operator, field representative, or applicator license is required. This bill would define solicitation in this context to mean the introduction of consumers to a registered company and its services, the distribution of advertising literature, and the setting of appointments on behalf of a licensed operator or field representative. This bill would additionally provide that it is unlawful for an unlicensed individual soliciting pest control work on behalf of a registered pest control company to perform or offer to perform any act for which an operator, field representative, or applicator license is required, and for sole proprietorships to engage in the practice of structural pest control unless registered in accordance with specified provisions of law. This bill would also provide that it is unlawful for an unlicensed individual to offer opinions or make recommendations concerning the need for structural pest control work. The bill would specify the applicability of certain penalties. Because this bill would expand the activities or practices that are unlawful under the provisions of law governing structural pest control, it would expand the definition of a crime and thereby would impose a state-mandated local program. This bill would also make technical, nonsubstantive changes. (2) 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8550 of the Business and Professions Code is amended to read: 8550. (a) It is unlawful for any individual to engage or offer to engage in the business or practice of structural pest control, as defined in Section 8505, unless he or she is licensed under this chapter. (b) Notwithstanding subdivision (a), an unlicensed individual may solicit pest control work on behalf of a structural pest control company only if the company is registered pursuant to this chapter, and the unlicensed individual does not perform or offer to perform any act for which an operator, field representative, or applicator license is required pursuant to this chapter. As used in this subdivision, to "solicit pest control work" means to introduce consumers to a registered company and the services it provides, to distribute advertising literature, and to set appointments on behalf of a licensed operator or field representative. (c) It is unlawful for an unlicensed individual, soliciting pest control work on behalf of a registered structural pest control company pursuant to subdivision (b), to perform or offer to perform any act for which an operator, field representative, or applicator license is required, including, but not limited to, performing or offering pest control evaluations or inspections, pest identification, making any claims of pest control safety or pest control efficacy, or to offer price quotes other than what is provided and printed on the company advertising or literature, or both. (d) It is also unlawful for any unlicensed individual to offer any opinion, or to make any recommendations, concerning the need for structural pest control work in general, or in connection with a particular structure. (e) It is unlawful for any firm, sole proprietorship, partnership, corporation, association, or other organization or combination thereof to engage or offer to engage in the practice of structural pest control, unless registered in accordance with Article 6 (commencing with Section 8610). SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.