First Regular Session S.B. 1715
COMMITTEE ON COMMERCE
SENATE AMENDMENTS TO S.B. 1715
(Reference to printed bill)
Page 9, after line 26, insert:
"Sec. 3. Section 32-1123, Arizona Revised Statutes, is amended to read:
32-1123. Unlicensed contractors; contract bidding; license denial; exemptions; warning; inflation adjustment
A. Except as provided in subsection D of this section, if an entity that is not licensed or not properly licensed pursuant to this chapter bids on a contract for a project with an aggregate worth of more than $1,000 $2,500, the registrar may not issue the entity a license for one year after the bid date. For each year beginning from and after December 31, 2023, the registrar shall increase the dollar amount prescribed in this subsection for inflation based on the GDP price deflator as defined in section 41-563. For the purposes of this subsection, aggregate worth does not include any electrical fixture or appliance that meets all of the following:
1. Was designed by the manufacturer.
2. Is unaltered, unchanged or unmodified by any person.
3. Can be plugged into a common electrical outlet.
4. Does not involve the connection to a supply of natural gas, propane or other petroleum or gaseous fuel.
B. This section does not apply to an entity that bids on a contract for either of the following:
1. A department of transportation project.
2. A project that is subject to the federal acquisition regulation, title 48 Code of Federal Regulations, including the department of defense federal acquisition regulation.
C. This section does not affect the licensing exemptions prescribed in section 32-1121.
D. The registrar shall issue an entity a written warning relating to unlicensed activity if the registrar has not previously issued the entity a warning and if the entity bids on a contract for a project pursuant to subsection A of this section and the project has an aggregate worth of more than $1,000 $2,500 but less than $20,000, excluding any electrical fixture or appliance that meets all of the following:
1. Was designed by the manufacturer.
2. Is unaltered, unchanged or unmodified by any person.
3. Can be plugged into a common electrical outlet.
4. Does not involve the connection to a supply of natural gas, propane or other petroleum or gaseous fuel.
E. For each year beginning from and after December 31, 2023, the registrar shall increase the lower dollar amount IN THE DOLLAR RANGE prescribed in subsection D of this section for inflation based on the GDP price deflator as defined in section 41-563.
Sec. 4. Section 32-1158, Arizona Revised Statutes, is amended to read:
32-1158. Contract requirements; provision of documents and receipt at contract signing; inflation adjustment
A. Any contract in an amount of more than $1,000 $2,500 entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information:
1. The name of the contractor and the contractor's business address and license number.
2. The name and mailing address of the owner and the jobsite address or legal description.
3. The date the parties entered into the contract.
4. The estimated date of completion of all work to be performed under the contract.
5. A description of the work to be performed under the contract.
6. The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes.
7. The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner.
8. The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract.
9. That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1162, subsection A. The information in this paragraph must be prominently displayed in the contract in at least ten-point bold type, and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365.
B. When a contractor and an owner sign a contract, the contractor shall provide the owner with a legible copy of all documents signed and a written and signed receipt for and in the true amount of any cash paid to the contractor by the owner.
C. The requirements of this section are not prerequisites to the formation or enforcement of a contract. Failure to comply with the requirements of this section does not constitute a defense by either party to an action for compensation, damages, breach, enforcement or other cause of action based on the contract.
D. For each year beginning from and after December 31, 2023, the registrar shall increase the dollar amount prescribed in subsection A of this section for inflation based on the GDP price deflator as defined in section 41-563."
Amend title to conform