Amended in Assembly August 19, 2014

Amended in Assembly June 11, 2014

Amended in Senate April 24, 2014

Senate Bill No. 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, begin insert 8505.17, end insert 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, begin delete and end delete 8673 begin insert , and 8674 end insert 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, controlling 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.

begin insert

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.

end insert begin insert

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.

end insert begin insert

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.

end insert begin insert

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.

end insert

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 the Structural Pest Control Board, as specified, 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:

SECTION 1.  

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

8504.1.  

“Pesticide” includes any of the following:

(a) Any spray adjuvant.

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

SEC. 2.  

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

8505.  

(a) “Structural pest control” and “pest control” as used
in this chapter are synonymous. Except as provided in Section
8555 and elsewhere in this chapter, it is, with respect to household
pests and wood destroying pests or organisms, or other pests that
may invade households or other structures, including railroad cars,
ships, docks, trucks, airplanes, or the contents thereof, the engaging
in, offering to engage in, advertising for, soliciting, or the
performance of, any of the following:

(1) Identification of infestations or infections.

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

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

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

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

SEC. 3.  

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

8505.1.  

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

The following is a list of lethal fumigants:

(1) Methyl bromide.

(2) Sulfuryl fluoride.

(3) Aluminum phosphide.

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

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

The following is a warning agent:

Chloropicrin.

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

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

The following is a list of simple asphyxiants:

(1) Liquid nitrogen.

(2) Carbon dioxide.

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

SEC. 4.  

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

8505.2.  

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

SEC. 5.  

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

8505.5.  

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

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

SEC. 6.  

Section 8505.6 of the Business and Professions Code
is repealed.

SEC. 7.  

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

8505.10.  

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

SEC. 8.  

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

8505.12.  

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

SEC. 9.  

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

8505.14.  

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

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 8505.17 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8505.17.  

(a) There is hereby continued in existence in the State
Treasury a special fund to be known as the Structural Pest Control
Education and Enforcement Fund. Funds derived from the pesticide
use report filing fee provided for in Section 8674 and all proceeds
from civil penalties collected by the board pursuant to Section
8617 shall be deposited in the Education and Enforcement Account
which is hereby created in the fund. The account shall be used by
the board (1) for the purposes of training as provided in Section
8616, (2) for reimbursement to the Director of Pesticide Regulation
for work performed as the agent of the board pursuant to Sections
8616, 8616.4, and 8617 and Section 15202 of the Food and
Agricultural Code and for cases referred to the board pursuant to
subdivision (b) of Section 8616.5, and (3) for reasonable expenses
incurred by the Disciplinary Review Committee. There is no
reimbursement from this fund for inspections and routine
investigations.

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

(c) Registered structural pest control companies shall prepare
and submit to the county agricultural commissioner a monthly
report of all pesticides used in that county. The report shall be on
a form approved by the Director of Pesticide Regulation and shall
contain the name and registration number of each begin delete pesticide, end delete
begin insert pesticide and end insert the amount begin delete used, and the number of applications
made. end delete begin insert used. end insert The report shall be submitted to the commissioner by
the 10th day of the month following the month of application begin insert and
a copy shall be maintained by the licensee for a period of three
years after the report submission date end insert . Each pesticide use report
or combination of use reports representing a registered structural
pest control company’s total county pesticide use for the month
shall begin delete have affixed thereto end delete begin insert require end insert a pesticide use stamp begin insert or stamp
number end insert issued by the board in the denomination fixed by the board
in accordance with Section 8674 as the pesticide use report filing
fee. The board shall provide for the sale of these stamps begin insert and stamp
numbers end insert and for the refund of moneys paid for stamps begin insert and stamp
numbers end insert which are returned to it unused. When a registered
structural pest control company performs no pest control during
a month in a county in which it has given notice pursuant to Section
15204 of the Food and Agricultural Code, the registered company
shall submit a use report stating this fact to the commissioner. begin delete No end delete
begin insert A end insert pesticide use stamp begin insert or stamp number end insert is begin insert not end insert required on negative
use reports.

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

begin delete SEC. 10. end delete
begin insert SEC. 11. end insert   

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

8507.1.  

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

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

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

begin delete SEC. 11. end delete
begin insert SEC. 12. end insert   

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

8514.  

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

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

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

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

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

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

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

begin delete SEC. 12. end delete
begin insert SEC. 13. end insert   

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

8518.  

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

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

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

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

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

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

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

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

8520.  

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

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

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

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

begin delete SEC. 14. end delete
begin insert SEC. 15. end insert   

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

8528.  

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

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

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

begin delete SEC. 15. end delete
begin insert SEC. 16. end insert   

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

8551.5.  

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

begin delete SEC. 16. end delete
begin insert SEC. 17. end insert   

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

8560.  

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 17. end delete
begin insert SEC. 18. end insert   

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

8562.  

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

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

(1) The name of the applicant.

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

 

Branch 1	2 years
Branch 2	2 years
Branch 3	4 years

 

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

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

(e) The fees prescribed by this chapter.

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

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

begin delete SEC. 18. end delete
begin insert SEC. 19. end insert   

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

8564.  

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

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

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

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

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

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

(5) The fees prescribed by this chapter.

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

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

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

begin delete SEC. 19. end delete
begin insert SEC. 20. end insert   

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

8564.6.  

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

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

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

(2) The fee prescribed by this chapter.

begin delete SEC. 20. end delete
begin insert SEC. 21. end insert   

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

8565.  

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

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

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

(c) The labor laws of the state.

(d) The provisions of this chapter.

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

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

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

begin delete SEC. 21. end delete
begin insert SEC. 22. end insert   

Section 8565.6 of the Business and Professions Code
is repealed.

begin delete SEC. 22. end delete
begin insert SEC. 23. end insert   

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

8566.  

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

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

(b) The provisions of this chapter.

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

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

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

begin delete SEC. 23. end delete
begin insert SEC. 24. end insert   

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

8567.  

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

begin delete SEC. 24. end delete
begin insert SEC. 25. end insert   

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

8590.  

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

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

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

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

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

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

begin delete SEC. 25. end delete
begin insert SEC. 26. end insert   

Section 8590.1 of the Business and Professions Code
is repealed.

begin delete SEC. 26. end delete
begin insert SEC. 27. end insert   

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

8593.1.  

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

begin delete SEC. 27. end delete
begin insert SEC. 28. end insert   

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

8612.  

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

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

begin delete SEC. 28. end delete
begin insert SEC. 29. end insert   

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

8613.  

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

begin delete SEC. 29. end delete
begin insert SEC. 30. end insert   

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

8617.  

(a) The board or county agricultural commissioners,
when acting pursuant to Section 8616.4, may suspend the right of
a structural pest control licensee or registered company to work
in a county for up to three working days or, for a licensee,
registered company, or an unlicensed individual acting as a
licensee, may levy an administrative fine up to one thousand dollars
($1,000) or direct the licensee to attend and pass a board-approved
course of instruction at a cost not to exceed the administrative fine,
or both, for each violation of this chapter or Chapter 14.5
(commencing with Section 8698), or any regulations adopted
pursuant to these chapters, or Chapter 2 (commencing with Section
12751), Chapter 3 (commencing with Section 14001), Chapter 3.5
(commencing with Section 14101), or Chapter 7 (commencing
with Section 15201) of Division 7 of the Food and Agricultural
Code, or any regulations adopted pursuant to those chapters,
relating to pesticides. However, any violation determined by the
board or the commissioner to be a serious violation as defined in
Section 1922 of Title 16 of the California Code of Regulations
shall be subject to a fine of not more than five thousand dollars
($5,000) for each violation. Fines collected shall be paid to the
Education and Enforcement Account in the Structural Pest Control
Education and Enforcement Fund. Suspension may include all or
part of the registered company’s business within the county based
on the nature of the violation, but shall, whenever possible, be
restricted to that portion of a registered company’s business in a
county that was in violation.

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

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

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

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

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

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

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

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

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

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

(l) Once final action pursuant to this section is taken, no other
administrative or civil action may be taken by any state
governmental agency for the same violation. However, action
taken pursuant to this section may be used by the board as evidence
of prior discipline, and multiple local actions may be the basis for
statewide disciplinary action by the board pursuant to Section
8620. A certified copy of the order of suspension or fine issued
pursuant to this section or Section 8662 shall constitute conclusive
evidence of the occurrence of the violation.

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

(n) An action brought pursuant to this section shall be
commenced by the commissioner within two years of the
occurrence of the violation. If a commissioner submits a completed
investigation to the board for action by the registrar of the Attorney
General, the action shall be commenced within one year of that
submission.

begin delete SEC. 30. end delete
begin insert SEC. 31. end insert   

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

8622.  

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

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

begin delete SEC. 31. end delete
begin insert SEC. 32. end insert   

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

8643.  

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

begin delete SEC. 32. end delete
begin insert SEC. 33. end insert   

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

8647.  

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

begin delete SEC. 33. end delete
begin insert SEC. 34. end insert   

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

8651.  

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

begin delete SEC. 34. end delete
begin insert SEC. 35. end insert   

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

8660.  

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

begin delete SEC. 35. end delete
begin insert SEC. 36. end insert   

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

8672.1.  

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

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

begin delete SEC. 36. end delete
begin insert SEC. 37. end insert   

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

8673.  

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

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 8674 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8674.  

The fees prescribed by this chapter are the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(t) (1) Any person who pays a fee pursuant to subdivision (r)
shall, in addition, pay a fee of two dollars ($2) for each pesticide
use stamp begin insert or stamp number end insert purchased from the board.
Notwithstanding any other begin delete provision of end delete law, the fee established
pursuant to this subdivision shall be deposited begin delete with a bank or other
depository approved by the Department of Finance and designated
by the Research Advisory Panel or end delete into the Structural Pest Control
Research Fund that is hereby continued in existence and
continuously appropriated to be used only for structural pest control
research. begin delete If the Research Advisory Panel designates that the fees
be deposited in an account other than the Structural Pest Control
Research Fund, any moneys in the fund shall be transferred to the
designated account. end delete

begin delete

(2) Prior to the deposit of any funds, the depository shall enter
into an agreement with the Department of Consumer Affairs that
includes, but is not limited to, all of the following requirements:

(A) The depository shall serve as custodian for the safekeeping
of the funds.

(B) Funds deposited in the designated account shall be
encumbered solely for the exclusive purpose of implementing and
continuing the program for which they were collected.

(C) Funds deposited in the designated account shall be subject
to an audit at least once every two years by an auditor selected by
the Director of Consumer Affairs. A copy of the audit shall be
provided to the director within 30 days of completion of the audit.

(D) The Department of Consumer Affairs shall be reimbursed
for all expenses it incurs that are reasonably related to
implementing and continuing the program for which the funds
were collected in accordance with the agreement.

(E) A reserve in an amount sufficient to pay for costs arising
from unanticipated occurrences associated with administration of
the program shall be maintained in the designated account.

(3)

end delete

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

begin delete

(4)

end delete

begin insert (3) end insert  The board shall, by regulation, establish a five-member
research advisory panel, including, but not limited to,
representatives from begin delete each of the following: (A) end delete the Structural Pest
Control Board, begin delete (B) end delete the structural pest control industry begin delete , (C) end delete the
Department of Pesticide Regulation, and begin delete (D) end delete the University of
California. The panel, or other entity designated by the board, shall
solicit on behalf of the board all requests for proposals and present
to the panel all proposals that meet the criteria established by the
panel. The panel shall review the proposals and recommend to the
board which proposals to accept. The recommendations shall be
accepted upon a two-thirds vote of the board. The board shall direct
the panel, or other entity designated by the board, to prepare and
issue the research contracts and authorize the transfer of funds
from the Structural Pest Control Research Fund to the applicants
whose proposals were accepted by the board.

begin delete

(5)

end delete

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