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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
certified applicators; fingerprinting requirement
Purpose
Adds educating the public of Pest Management Division (Division) requirements to duties of the Director of the Arizona Department of Agriculture (Director), and authorizes the Director to maintain a list of persons who have unlawfully engaged in the business of pest management. Includes a pest management applicator in certification fingerprinting requirements, beginning January 1, 2022.
Background
The Pest Management Division is a division of the Arizona Department of Agriculture (AZDA) charged with licensing, educating and regulating the pest management industry. The Division issues licenses to commercial pest businesses and their employees, including certified applicators and certified qualified applicators (A.R.S Title 3, Chapter 20).
Under current statute, an individual who applies for certification as a new qualified applicator is required to submit a full set of fingerprints and fees. The Director of the AZDA submits the required fingerprints and fees to the Department of Public Safety for the purpose of obtaining a state and federal criminal records check. Certification includes any of the following categories: industrial, institutional, structural, and health-related pest management, wood-destroying organism management, ornamental and turf pest management, right-of-way pest management, aquatic pest management, fumigation and other categories established by rule (A.R.S § 3-3614).
A certified applicator is an individual who is licensed by the Division to provide pest management services. A certified qualified applicator is an individual who is licensed as a certified applicator who is also eligible to act as a qualifying party (A.R.S. § 3-3601).
A violation of engaging in the business of pest management, commencing work on a contract or signing, issuing or delivering a document expressing an opinion or statement relating to pest management without a license with reckless disregard for the health and safety of other persons or properties is classified as a class 6 felony (A.R.S. § 3-3624).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds, to the duties of the Director, educating the public regarding licensure, certification, and registration requirements of Division.
2. Authorizes the Director to maintain a list of persons who have violated the statutory prohibition on engaging in the business of pest management, commencing work on a contract or sign, issuing or delivering any document expressing an opinion or statement relating to pest management without a business license issued, unless the person is otherwise exempt.
3. Requires the list of persons who have violated pest management prohibitions to include;
a) any known related business names used by those persons; and
b) to be posted on the AZDA website.
4. Requires the Director to remove a person's name and any known related business names that the person used from the list within 10 business days after the person becomes licensed and submits a written request to the Director to remove the person's name from the list.
5. Requires the Director to provide a copy of the list to any member of the public that requests a copy.
6. Requires, effective January 1, 2022, an individual who applies for certification as a new pest management applicator to submit a full set of fingerprints and fees to the Division for a state and federal criminal records check.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date, with a delayed effective date as noted.
Amendments Adopted by the House of Representatives
1. Includes educating the public regarding the licensure, certification and registration requirements of the Division in the duties of the Director.
2. Requires the Director to maintain a list of persons who have violated pest management licensure, certification and registration rules and prescribes requirements for the list.
3. Makes technical and conforming changes.
4. Delays the effective date of the requirement for an individual who applies for certification as a new pest management applicator to submit to a full set of fingerprints and fees to the Division for a state and federal criminal records check to January 1, 2022.
Senate Action House Action
NREW 1/27/21 DP 9-0-0 LARA 3/2/21 DP 11-0-0-0
3rd Read 2/16/21 28-2-0 3rd Read 4/19/21 DPA 57-3-0
Prepared by Senate Research
April 19, 2021
KN/RA/gs