SB 1121 Makes It’s Way Through the Legislature… But Hold On!

SB 1121 was introduced in the Arizona Senate and having passed it is now in the House of Representatives. But what does it intend to do? The bill heading to the House of Representatives is certified qualified applicators fingerprinting requirements. But when you read the  text of the SB 1121 Bill  it states:

AN INDIVIDUAL WHO APPLIES FOR CERTIFICATION AS A NEW QUALIFIED APPLICATOR SHALL SUBMIT TO THE DIVISION A FULL SET OF FINGERPRINTS AND

FEES AS REQUIRED BY SECTION 41-1750. THE DIRECTOR SHALL SUBMIT THE

FINGERPRINTS AND FEES TO THE DEPARTMENT OF PUBLIC SAFETY FOR THE PURPOSE OF OBTAINING A STATE AND FEDERAL CRIMINAL RECORDS CHECK PURSUANT TO SECTION 41-1750 AND PUBLIC LAW 92-544. THE DEPARTMENT OF PUBLIC SAFETY MAY EXCHANGE THIS FINGERPRINT DATA WITH THE FEDERAL BUREAU OF INVESTIGATION.

So to whom does this apply? The law draws a distinction between a certified applicator and a certified qualified applicator. Here are the relevant definitions:

• • “Certified applicator” means an individual who is licensed by the division to provide pest management services in accordance with this chapter.
  • “Certified qualified applicator” means a certified applicator who is eligible to act as a qualifying party.

But, the law does not define qualified applicator. It defines certified qualified applicator and certified applicator but now we are faced with a requirement for the qualified applicator. This writer believes the bills intends to apply to certified qualified applicators or those we used to call qualifying parties who first apply. However, it is not clear. The industry needs clarification. Confusion such as this can lead to different results. One result is that only Certified Qualified Applicators who apply must get fingerprinted. But another possible result is that all applicators who first apply must be fingerprinted. We want to clarify this so the industry can act in accordance with the law. This kind of confusion can lead to enforcement with little direction. Must you fingerprint all applicator candidates of only CQA’s?