ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: NREW DPA 9-0-0-0 | 3rd Read 28-2-0-0-0


SB 1414: certified applicators; fingerprinting requirement

Sponsor:  Senator Kerr, LD 13

Committee on Land, Agriculture & Rural Affairs

Overview

Requires fingerprinting and background checks for someone who applies to become a certified applicator.

History

The Pest Management Division (PMD) within the Arizona Department of Agriculture (AZDA) licenses and regulates pest management services that control pests such as weeds and wood-destroying insects in and around structures. To that end, it licenses:

· Certified applicators who provide pest management services.

· Certified qualified applicators who are certified applicators responsible for the training, equipping and supervision of all applicators of a business licensee or school district (A.R.S. § 3-102 and A.R.S. § 3-3601).

To become certified, an applicant must be of good moral character. A conviction for a felony or misdemeanor involving moral turpitude can demonstrate a lack of good moral character. Additionally, Arizona Administrative Code classifies convictions for certain offenses as demonstrating a lack of good moral character (R3-8-203(B) and R3-8-204(E)). Certified qualified applicator applicants must submit a full set of fingerprints and fees, which are provided to the Department of Public Safety for a state and federal criminal record check. However, certified applicator applicants are not required to undergo this check (A.R.S. §§ 3-3614 and 41-1750).

A 2020 performance audit recommended that the AZDA request the Legislature consider revising statute to reinstate its authority to obtain criminal history background checks of certified applicator applicants (Report 20-107).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRequires someone who applies for applicator certification to submit a full set of fingerprints and fees to the PMD for a state and federal background check.

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5.                     SB 1414

6.   Initials PAB/MN    Page 0 Land, Agriculture & Rural Affairs

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