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REFERENCE TITLE: claimants; residential contractors' recovery fund |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1475 |
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Introduced by Senators Miranda: Brophy McGee
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AN ACT
amending section 32‑1131, Arizona Revised Statutes; relating to contractors.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1131, Arizona Revised Statutes, is amended to read:
32-1131. Definitions
In this article, unless the context otherwise requires:
1. "Assessment" means the contribution by a contractor to the residential contractors' recovery fund.
2. "Fund" means the residential contractors' recovery fund.
3. "Person injured":
(a) Means any owner of residential real property which that is either noncommercial historic property as defined in section 42-12101 or classified as class three property under section 42‑12003 and which that is actually occupied or intended to be occupied by the owner as a residence including community property, tenants in common or joint tenants who are damaged by the failure of a residential contractor or a dual licensed contractor to adequately build or improve a residential structure or appurtenance on that real property. Included in this definition are
(b) Includes lessees of residential real property who contract directly with a residential contractor or indirectly with a subcontractor of that contractor and homeowners' or unit owners' associations after transfer of control from the builder or developer for damages to the common elements within the complex.
4. "Residential contractor" means a contractor as defined in section 32‑1101 who is licensed to perform work on residential property pursuant to this chapter and who engages in residential contracting.
Sec. 2. Retroactivity
This act applies retroactively to from and after December 31, 2015.