California Nuisance Wildlife Control Operators Association

The losing defendants in Merrifield v. Lockyer have regrouped and are now trying to change the law found to be unconstitutional by the 9th U.S. Circuit Court of Appeals in 2008.

The following proposed legislation, submitted by the Structural Pest Control Board to the Senate  Business, Professions and Economic Development Committee was deleted from SB-1039 by Committee Chair Senator Jerry Hill. The deleted amendment, was not included in the April 18th Committee hearing on SB-1039 and is not expected to be taken up again by the Senate this year.


 CURRENT VERSION (FOUND TO BE UNCONSTITUTIONAL)

 This chapter does not apply to: 

(g) Persons engaged in the live capture and removal or exclusion of vertebrate pests, bees, bees or wasps from a structure without the use of pesticides, provided those persons maintain insurance coverage as described in Section 8692. “Vertebrate pests” include, but are not limited to, bats, raccoons, skunks, and squirrels, but do not include mice, rats, or pigeons. This section does not exempt a person from the provisions of Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code. 

VERSION PROPOSED BY STRUCTURAL PEST CONTROL BOARD (being advocated by defendants) 

SEC. 6. Section 8555 of the Business and Professions Code is amended to read::

8555. This chapter does not apply to:

(g) Persons engaged in the live capture and removal or exclusion of vertebrate pests, bees,or wasps from a structure without the use of pesticides, provided those persons maintain insurance coverage as described in Section 8692. “Vertebrate pests” include, but are not limited to, bats, raccoons, skunks, and squirrels, but do not include mice, rats, or pigeons. This section does not exempt a person from the provisions of Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code. 

The CNWCOA has submitted a less onerous, less restrictive and more narrowly tailored alternative to the revised version submitted by the Structural Pest Control Board. It reads as follows:

8555. This chapter does not apply to:

g) Persons engaged in the live capture and removal or exclusion of vertebrate pests, bees, or wasps from a structure without the use of pesticides, provided those persons maintain insurance coverage as described in Section 8692. “Vertebrate pests” include, but are not limited to, pigeons, rats, mice, bats, raccoons, skunks, and squirrels. This section does not exempt a person from the provisions of Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Wildlife Code of Regulations.”


 If the Merrifield defendants attempt to re-introduce their protectionist amendment again this year, the CNWCOA will  be ready  and will respond to protect the economic liberty interests of California's Wildlife Control Operators, and more importantly, the concerns consumers have in being offered  effective non-pesticide vertebrate pest control services.                         

 

 

.YOUR RIGHT TO EARN A LIVING  AS A WILDLIFE CONTROL OPERATOR                                     IS UNDER ATTACK AGAIN

Proposed amendment to Business and Professions Code section 8555 deleted from SB-1039 by Senator Hill and will not be included in the bill to be discussed at the 4/18/16 hearing

WCO ALERT