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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
pest management; unlicensed business activities
Purpose
Requires the Director of the Arizona Department of Agriculture (AZDA) to educate the public regarding licensure, certification and registration requirements and prescribes penalties for violating pest management business licensing requirements.
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 (A.R.S § 3-3601).
The Director of the AZDA (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 inquiries; 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 (A.R.S. § 3-3603).
Under current statute, 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 on the state general fund associated with this legislation.
Provisions
1. Adds, to the duties required of the Director, educating the public regarding licensure, certification and registration requirements for the Pest Management Division.
2. Classifies, as a class 2 misdemeanor, the violation for:
a) engaging in the business of pest management or commencing work on a contract without a business license, unless the person is otherwise exempt from the licensing requirements; or
b) advertising or displaying any card, sign or other device that may inaccurately indicate to the public that an unlicensed person is licensed.
3. Allows 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.
4. Requires the list of persons who have violated statutory prohibitions relating to pest management licensing to include any known related business name used by persons.
5. Requires the list of persons who have violated the statutory prohibitions relating to pest management licensing to be posted on the AZDA's website.
6. Requires the Director to remove a person and any known related business names that the person used from the list within ten business days after the person becomes licensed and submits a written request to the Director to remove the person's name from the list.
7. Requires the Director to provide a copy of the list to any member of the public that requests a copy.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
House Action
LARA 1/25/21 DP 11-0-0-0
3rd Read 2/4/21 DP 44-15-0-0-1
Prepared by Senate Research
March 1, 2021
KN/RA/gs