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AB-2342 Structural pest control.(1989-1990)

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AB2342:v95#DOCUMENT

Assembly Bill No. 2342
CHAPTER 577

An act to amend Sections 8514 and 8550 of the Business and Professions Code, relating to structural pest control.

[ Filed with Secretary of State  September 21, 1989. Approved by Governor  September 20, 1989. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2342, Kelley. Structural pest control.
Existing law provides that a registered structural pest control company, restricted as specified, may enter into a contract for the eradication of pests or organisms, as specified, after an inspection has been made.
This bill would prohibit such a registered structural pest control company from commencing any work on a contract, or signing, issuing, or delivering documents expressing an opinion or statement relating to the control of pests or organisms, as specified, until an inspection has been made. This bill would impose a state-mandated local program by adding a new crime since a violation of provisions regulating structural pest control constitutes a misdemeanor.
Existing law makes it unlawful to engage or offer to engage in the practice of structural pest control unless licensed to perform those activities. Existing law provides that a registered structural pest control company may authorize an officer, partner, or employee to submit bids after an inspection by a person licensed under provisions regulating structural pest control.
This bill would provide that the provisions prohibiting a person from engaging in the practice of structural pest control unless licensed shall not prohibit an unlicensed employee of a structural pest control company from quoting prices in response to a request for a price quotation.
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 8514 of the Business and Professions Code is amended to read:

8514.
 No registered company shall 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 an inspection has been made.
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 its 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 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.
A registered company may in writing subcontract 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 such work.
Nothing herein contained shall permit or authorize any 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 any branch, or by any method, for which it is not registered.
Subcontracting of work, as permitted herein, shall not relieve the prime contractor or the subcontractor from responsibility for, or from disciplinary action because of, any act or omission on its part, which would otherwise be a ground for disciplinary action.

SEC. 2.

 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 of, act in the capacity of, or advertise himself or herself as, or assume to act as, an operator or a field representative, or to engage or offer to engage in the practice of structural pest control, unless he or she is licensed under this chapter. For purposes of this subdivision, “engage in the practice of structural pest control” shall not include price quotations given by unlicensed employees of a registered company in response to a request for that information.
(b)  Except as provided in subdivision (c), on and after January 1, 1987, it is unlawful for any firm, 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).
(c)  An individual, partnership, or corporation holding an operator’s license on January 1, 1987, issued in the company name style, may, before January 1, 1988, upon application and payment of the operator’s license fee and company registration fee in accordance with Section 8674, be issued a company registration in the company name style and, without examination, an operator’s license in the name of the owner or qualifying manager or managers.

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 which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.