|
|
ARIZONA HOUSE OF REPRESENTATIVESFifty-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
House Engrossed
Overview
Requires fingerprinting and background checks for someone who applies to become a certified applicator. Instructs the Arizona Department of Agriculture (AZDA) Director to educate the public on pest management and allows this official to maintain a publicly available list of those who violate pest management licensure requirements.
History
The AZDA's Pest Management Division (PMD) 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).
Engaging in the business of pest management, working on a contract or signing, issuing or delivering a document expressing an opinion or statement involving pest management without a license and with reckless disregard for the health and safety of other persons or properties is a class six felony (A.R.S. § 3-3624).
Provisions
Fingerprinting Requirements
1.
Requires 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. (Sec. 2)
2. Delays the effective date for this requirement to January 1, 2020. (Sec. 3)
Public Information on Pest Management Licensure (Sec. 1)
3. Authorizes the AZDA Director to educate the public on pest management licensure, certification and registration requirements.
4. Allows the AZDA Director to maintain a list of persons and related business names who are not exempt from pest management requirements and have done any of the following without an AZDA-issued business license:
a) engaged in pest management;
b) begun work on a contract; or
c) signed, issued or delivered any document expressing an opinion or statement on pest management.
5. Instructs the Director to remove someone and any related business names from this list within 10 business days after that person receives a pest management license and submits a written request to the Director.
6. Requires the AZDA to post this list on its website and further instructs the Director to provide a copy to anyone who requests it.
Miscellaneous (Sec. 1)
7. Makes technical changes.
8.
9.
10. ---------- DOCUMENT FOOTER ---------
11. SB 1414
12. Initials PAB/MN Page 0 House Engrossed
13.
14. ---------- DOCUMENT FOOTER ---------