Chapter 0080 - 521R - S Ver of SB1078

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-2311, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2311. License and registration exemptions

A. The provisions of this chapter requiring licensure and registration do not apply to:

1. Persons applying nonrestricted use pesticides on residential property that they own and occupy or that they own and that is not occupied.

2. Authorized representatives of any educational institution engaged in research in the study of pest management or a state agency engaged in research or the study of pest management.

3. Persons using a nonrestricted, ready-to-use disinfectant, sanitizer or deodorizer.

4. A utility and the utility's employees if pest management services are needed for an employee's health and safety in order for the employee to continue performing work tasks.

5. Persons using an over-the-counter antimicrobial to treat a swimming pool.

6. Persons using a device that is exempt pursuant to section 32‑2304, subsection B, paragraph 18.

7. Persons who are exempt pursuant to section 32‑2318 32-2311.01 or 32‑2319 32-2311.02.

B. An individual is not required to have a separate business license to engage in the business of pest management on behalf of a business licensee or as an employee of a political subdivision.

C. The director by rule may exempt from sections 32‑2313 and 32‑2314 a certified applicator who performs inspections but does not make recommendations, estimates, bids or contracts for treatment or use pesticides or devices for pest management and may prescribe alternative requirements and conditions. END_STATUTE

Sec. 2. Section 32-2311.01, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2311.01. Political subdivisions; exemptions; definition

A. A political subdivision that uses pesticides to conduct pest management on property that is owned, leased or managed by the political subdivision, including easements:

1. Is not required to be licensed under section 32‑2313.

2. Must provide the department with the name and telephone number of the primary contact person or persons responsible for responding to department inquiries or concerns regarding compliance with this chapter. The primary contact person or persons at a minimum shall demonstrate to the department:

(a) Where the records are retained.

(b) Where the personal protective equipment is located.

(d) That all applicators are properly certified.

B. A school district is exempt from subsection A, paragraph 2 of this section, but shall have a qualifying party who is registered in the appropriate categories.

C. An employee of a political subdivision who provides pest management services must be a certified applicator except as provided by subsection D of this section.

D. The following individuals are exempt from the certification requirements of this chapter:

1. An employee of a political subdivision who applied pesticides for the political subdivision for the first time no more than ninety calendar days before certification. This exemption does not apply to an employee who applies pesticides at a school or child care facility.

2. An employee of a political subdivision or designated agent while performing emergency response or rescue services.

3. A volunteer of a political subdivision while applying herbicides for the purpose of the eradication and control of noxious weeds as defined in section 3‑201 and who is under the immediate supervision of a certified applicator. This exemption does not apply to a volunteer of a political subdivision who:

(a) Applies herbicides at a school or child care facility.

(b) Uses herbicides that are labeled with the words "restricted use" or "danger".

(d) Uses application equipment that holds more than four gallons of total mixed liquid herbicide.

(e) Has not completed an herbicide application training program conducted by the political subdivision and approved by the office.

E. For the purposes of this section, "volunteer" means a person who works without compensation other than reimbursement of actual expenses incurred or disbursement of meals or other incidental benefits. END_STATUTE

Sec. 3. Section 32-2331, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2331. Termite action report form; exemption

A. Within thirty calendar days after completion of a pretreatment, a new-construction treatment, a final grade treatment, an initial corrective treatment or a wood‑destroying insect inspection report, a business licensee or certified applicator shall file with the office in a form approved by the director a termite action report form and the prescribed fee. A termite action report is required for termite action only and does not include all wood-destroying organisms.

B. The termite action report form shall include:

1. The address or location of the work or project.

2. The type and date of the work.

3. The name of the business licensee.

4. Any other information required by rule.

C. The director may:

1. Adjust the fee upward or downward to a level that is calculated to produce sufficient revenue to carry out the functions of wood‑destroying organism regulation.

2. Establish tiered fees according to the means of submission to encourage electronic submission of the termite action report form.

3. Assess a penalty of not more than one hundred dollars per form for failing to submit the required form or fee, or both, within thirty calendar days.

D. If the business licensee who performs an initial corrective treatment performed the pretreatment or new-construction treatment at the same site and filed a termite action report form with the office documenting the pretreatment or new-construction treatment, the business licensee is exempt from this section with respect to the initial corrective treatment. END_STATUTE