ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: LARA DP 11-0-0-0

HB 2188: pest management; unlicensed business activities

Sponsor:  Representative Pratt, LD 8

Caucus & COW

Overview

Instructs the Arizona Department of Agriculture (Department) 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. Prescribes penalties for certain pest management violations.

History

The Department's Pest Management Division 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 pesticide applications that could be harmful to public health or environment. Pest management does not include pesticide applications used in the commercial production of crops and animals (A.R.S. §§ 3-3601(21) and 3-3602).

The Director has several powers and duties for regulating pest management which include:

1)   Adopting rules necessary for pest management regulation;

2)   Notifying businesses and qualifying parties of possible pest management violation inquiries;

3)   Developing, conducting or contracting out certified applicator tests;

4)   Maintaining a database of pest management treatments and inspections reports;

5)   Overseeing the approval and delivery of continuing education courses; and

6)   Issuing pest management licenses (A.R.S. § 3-3603).

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). For a first-time offender, the presumptive sentence is one-year imprisonment. However, this sentence (including eligibility for probation) can depend on the nature of the crime and the defendant's background. This offense is also punishable by a fine of up to $150,000 for individuals and up to $1 million for enterprises (A.R.S. §§ 13-604, 13-702, 13-801 and 13-803).

Provisions

1.    Adds, as a duty of the Director, educating the public on 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 on request and to post the list on the Department's 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 the following without a license or registration as a class two misdemeanor:

a)   Engaging in the business of pest management;

b)   Commencing work on a pest management contract without a business license, unless the person is otherwise exempt from licensing requirements; and

c)   Advertising or displaying materials that may falsely indicate that a person is licensed in pest management.

6.   Makes technical and conforming changes.☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

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10.                HB 2188

11.  Initials PAB      Page 0         Caucus & COW

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