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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
pest management; unlicensed business activities
Purpose
Directs the Director of the Arizona Department of Agriculture (AZDA) to educate the public regarding pest management and allows the Director of AZDA (Director) to maintain a publicly available list of those who violate pest management licensure requirements. Prescribes penalties for certain pest management violations.
Background
The Pest Management Division within the AZDA oversees the management of pests including weeds, that exist in or around structures, in ornamental shrubs and trees, along rights‑of‑way or in lawns or cemeteries and include all pesticide applications that could be harmful to public health or environment. Pest management includes the management by persons for hire of pests on golf courses but does not include pesticide applications used in the commercial production of crops and animals (A.R.S. §§ 3-3601 and 3-3602).
The Director is charged with various power and duties, including: 1) adopting rules that are necessary for pest management regulation; 2) notifying business and qualifying parties of possible pest management violation inquires; 3) developing, conducting or contracting out certified applicator tests; 4) maintaining a computer database of previous pest management treatments and inspections reports; 5) establishing offices and employing personnel to regulate pest management; 6) overseeing the approval and method of delivering of continuing education courses; 7) issuing pest management licenses; 8) requiring penalties for late license renewals; 9) refusing to issue a license to an unregistered business; 10) adopting a wood-destroying insect inspection report; and 11) receiving monies for deposit.
Under current statue, 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 six felony (A.R.S. § 3-3624).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds, as a duty of the Director, educating the public regarding the licensure, certification and registration requirements of pest management.
2. Authorizes the Director to maintain a list of persons and related business names who have violated the prohibition against performing outlined pest management services without a license.
3. Requires the Director to provide the list of pest management licensure violators upon request and to post the list on the AZDA website.
4. Allows a person on the list of pest management licensure violators to make a written request for removal from the list upon becoming licensed and requires the Director to remove the person's name and any related business names within ten days.
5. Classifies, as a class two misdemeanor, the violation for engaging in any of the following without a license or registration:
a) engaging in the business of pest management;
b) commencing work on a pest management contract; and
c) signing, issuing or delivering any document expressing an opinion or statement relating to pest management.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 11, 2020
KN/CDT/gs