Pest control: violations and penalties: civil penalty.

(1) Under existing law, it is unlawful to use any fraud or misrepresentation in making an application to the Department of Pesticide Regulation for a license or for renewal of a license to conduct specified pest control operations or activities. A violation of this provision is a crime. This bill would revise this provision to provide that it is unlawful to make any false or fraudulent statement, record, report or use any fraud or misrepresentation in connection with meeting any license requirement to conduct pest control operations or activities, as specified. The bill would also make it unlawful to cheat on or subvert a licensing examination. Since a violation of these provisions would be a misdemeanor under existing law, the bill would impose a state-mandated local program by creating new crimes. (2) Existing law authorizes the civil prosecution of persons who violate specified provisions regarding pesticides and economic poisons and authorizes the Director of the Department of Pesticide Regulation, in lieu of civil prosecution, to levy a civil penalty against that person, as provided. This bill would also authorize the director to levy a civil penalty under these provisions for any violation specified in (1) above. (3) 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.