HB2312 - 501R

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

Section 1. Heading change

The chapter heading of title 32, chapter 22, Arizona Revised Statutes, is changed from "STRUCTURAL PEST CONTROL COMMISSION" to "STRUCTURAL PEST MANAGEMENT REGULATION".

Sec. 2. Section 32-2301, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2301. Definitions

In this chapter, unless the context otherwise requires:

1. "Acting director" means the person appointed pursuant to section 32‑2302 to serve as the acting director of the office.

2. "Branch office" means any fixed place of business, other than the primary office, where records are kept, mail is received, statements are rendered, money is collected, requests for service or bids are received or information pertaining to the business of structural pest control is given and from which the use of pesticides and devices is supervised by a licensed applicator or qualifying party.

3. "Business license" means a license that is issued pursuant to this chapter to a person and that entitles that person and the person's employees to engage in the business of structural pest control.

4. "Business of structural pest control" means engaging in, offering to engage in, advertising for, soliciting or performing structural pest control, including any of the following:

(a) Identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations of households or other structures and the surrounding area by any of the following:

(i) Public health pests.

(ii) Aquatic pests.

(iii) Household pests.

(iv) Wood‑destroying insects.

(v) Pests, including weeds, existing around structures, in ornamental shrubs and trees, on golf courses, along rights‑of‑way or in lawns and cemeteries.

(vi) Fungi.

(b) Making written or oral inspection reports, recommendations, estimates or bids with respect to infestations.

(c) The application of pesticides or the making of contracts or submitting of bids for the application of pesticides or the use of devices for the purpose of eliminating, exterminating, controlling or preventing infestations.

5. "De minimis violation" means a violation that, although undesirable, has no direct or immediate relationship to safety, health or property damage.

6. "Department" means, through December 31, 2013, the Arizona department of administration agriculture.

7. "Device" means any mechanical, pesticide or electrical apparatus used in conjunction with, in place of or to supplement, disperse or dispense pesticides.

8. "Direct supervision" means use of a pesticide under the instructions, control and responsibility of a licensed applicator who is available if needed for consultation or assistance even though the licensed applicator is not physically present at the time and place the pesticide is used.

9. "Director" means, through December 31, 2013, the director of the Arizona department of administration agriculture.

10. "Final grade treatment" means establishment of vertical barriers at the exterior of foundation walls in stem wall construction or at the exterior of grade beams in monolithic construction.

11. "Fungi inspection report" means a written inspection report on a form approved by the office.

12. "Household pests" means pests, other than wood‑destroying insects, that invade households or other structures, including rodents, vermin and insects.

13. "Immediate supervision" means use of a pesticide by an employee acting under the instructions, control and responsibility of a licensed applicator who is within the direct line of sight or within hearing distance of the employee and who is available for consultation or assistance at the time and place the pesticide is used.

14. "Initial termite corrective treatment" means the first treatment of any kind performed by a licensee after a treatment made prior to or during construction, excluding a treatment performed under warranty by a licensee who has performed the treatment prior to or during construction.

15. "Inquiry" means information from the public or agency office staff of possible violations of this chapter, or rules adopted pursuant to this chapter.

16. "Integrated pest management" means a sustainable approach to managing pests that combines biological, cultural, physical and pesticide tools in a way that minimizes economic, health and environmental risks.

17. "License" means an approval granted by the office to act as an applicator or qualifying party or to operate a business of structural pest control in this state.

18. "Licensed applicator" means a person who is licensed by the office to apply pesticides in accordance with this chapter.

19. "Office" means the office of pest management established by section 32‑2302.

20. "Other structures" includes railroad cars, boats, docks, motor vehicles or airplanes and their contents.

21. "Pest management" means the management of public health pests, aquatic pests, household pests, wood-destroying insects, fungi or other pests, including weeds, that exist near or around structures, in ornamental shrubs and trees, on golf courses, along rights-of-way or in lawns or cemeteries and all pesticide application that could be harmful to public health or the environment. Pest management does not include pesticide applications used directly in the commercial production of crops and animals if those applications are governed by the Arizona department of agriculture pursuant to title 3, chapter 2, articles 6 and 6.1.

22. "Pesticide" means any substance or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating insects, fungi, bacteria, microbes, weeds, rodents, predatory animals or any form of plant or animal life that is a pest and may infest or be detrimental to vegetation, humans, animals or households or be present in any environment.

23. "Prior violation" means any violation for which disciplinary action was taken within a five‑year period prior to the date of the violation for which current disciplinary action is sought.

24. "Qualifying party" means an individual who is licensed by the office to ensure the supervision and training of all employees of a business licensee in the business of structural pest control.

25. "Weed" means any plant that grows where it is not wanted.

26. "Wood‑destroying insect inspection report" means a written inspection report on a form approved by the acting director that is prepared in connection with the sale or refinancing of real property whether or not the report is used as part of the transaction.

27. "Wood‑destroying insects" means insects that attack, damage or destroy wood or wood‑derivative products. END_STATUTE

Sec. 3. Section 32-2302, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2302. Office of pest management; acting director

A. The office of pest management is established.

B. The director of the department of administration agriculture shall appoint an acting director of the office who has administrative experience and experience in pest management to serve at the director's pleasure through December 31, 2013. END_STATUTE

Sec. 4. Repeal

A. Sections 32-2301 and 32-2302, Arizona Revised Statutes, are repealed from and after December 31, 2013.

B. Laws 2008, chapter 309, sections 23, 25 and 26 are repealed.

Sec. 5. Laws 2008, chapter 309, section 24 is amended to read:

Sec. 24. Pest management advisory committee

A. A pest management advisory committee is established for the purpose of providing general guidance to the acting director. The committee consists of the following seven members:

1. Three industry members, one each appointed by the governor, the president of the senate and the speaker of the house of representatives. The industry members shall hold current active licenses issued by the office of pest management or the structural pest control commission under prior law and have a minimum of five years of pest management experience. The industry member appointed by the president of the senate shall be an active business licensee who has five or fewer employees.

2. Three public members, one each appointed by the governor, the president of the senate and the speaker of the house of representatives.

3. One member who has at least a baccalaureate degree and is an entomologist, plant pathologist, toxicologist, medical doctor, doctor of osteopathy or individual holding a degree in public health or occupational health, who is appointed by the governor.

~~B. No member of the pest management advisory committee shall be a current or former appointee to the former structural pest control commission.~~

Sec. 6. Task force on the regulation of structural pest management; delayed repeal

A. The director of the Arizona department of agriculture shall appoint a task force to study the regulation of structural pest management in this state consisting of the following members:

1. Three members who are actively engaged in agricultural plant production as their major sources of income.

2. Three members who are licensed as structural pesticide applicators or qualifying parties under title 32, chapter 22, Arizona Revised Statutes.

3. Two members of the department of agriculture advisory council appointed pursuant to section 3-104, Arizona Revised Statutes.

4. One member representing the Arizona department of agriculture, who shall serve as chairperson of the task force.

B. The Arizona department of agriculture, joint legislative budget committee and legislative council shall provide staff support and meeting facilities to the task force.

C. The task force is a public body for the purposes of title 38, chapter 3, article 3.1, Arizona Revised Statutes, relating to public meetings and proceedings.

D. On or before December 15, 2012, the task force shall submit findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives, including:

1. A review of all laws and regulations governing structural pest management in this state.

2. A review of possible organizational configurations within the Arizona department of agriculture for structural pest management regulation.

3. A review of personnel and funding issues relating to the administration of structural pest management regulation within the Arizona department of agriculture.

4. Statutory changes necessary to accomplish the future structural pest management program.

E. This section is repealed from and after September 30, 2013.

Sec. 7. Interim succession

A. As provided by sections 32-2301 and 32-2302, Arizona Revised Statutes, as amended by this act, the director of the Arizona department of agriculture succeeds to the administrative supervision of the office of pest management, including supervision of the pest management advisory committee established by Laws 2008, chapter 309, section 24, for the period from the effective date of this act through December 31, 2013.

B. On the effective date of this act the office of pest management shall vacate its current office facilities and relocate to quarters furnished by the Arizona department of agriculture. Notwithstanding section 41-791.02, Arizona Revised Statutes, the office of pest management is relieved of any further obligation for payment of rent to the department of administration on the vacated premises.

C. The directors of the Arizona department of agriculture and the department of administration may enter into any necessary memoranda of understanding and other agreements necessary to accomplish the relocation, transfer and succession of administration provided by this act.