excavation; contractor's license; safety.

SB1302 - 572R - I Ver

REFERENCE TITLE:
excavation; contractor's license; safety.

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1302

Introduced by

Senator
Gabald�n

AN
ACT

amending section 32-1122, arizona
revised statutes; relating to the registrar of contractors.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-1122, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-1122.

Duties of registrar; qualifications for license; training;
examination; fingerprinting; definition

A. A contractor's license may be issued only by act
of the registrar of contractors. The registrar shall:

1. Classify and qualify applicants for a license.

2. If necessary, change the license classification
of a licensee in the case of a title reclassification, with or without a bond
rider for the purpose of continuing liability on the bond.

3. Conduct investigations the registrar deems
necessary.

4. Establish written examinations to protect the
health and safety of the public.

B. To obtain, renew or maintain a license under this
chapter, the applicant or licensee shall:

1. Submit to the registrar of contractors a verified
application on forms that are prescribed by the registrar of contractors and
that contain the following information:

(a) A designation of the classification of license
that is sought by the applicant.

(b) If the applicant is a sole proprietorship, the
applicant's name and address.

(c) If the applicant is a partnership, the names and
addresses of all partners with a designation of any limited partners.

(d) If the applicant is a limited liability company,
the names and addresses of all of the following, as applicable:

(i) If the applicant is a manager-managed
limited liability company, all managers.

(ii) If the applicant is a member-managed
limited liability company, all members.

(iii) All owners of twenty-five percent or
more of the stock or beneficial interest.

(e) If the applicant is a corporation, an
association or any other organization, the names and addresses of all of the
following:

(i) The president, vice president, secretary and
treasurer or the names and addresses of the functional equivalent of all of
these officers.

(ii) The directors.

(iii) The owners of twenty-five percent or
more of the stock or beneficial interest.

(f) The name and address of the qualifying party.

(g) If the applicant is a limited liability company
or corporation, an attestation that the limited liability company or
corporation is in good standing with the corporation commission.

(h) The address or location of the applicant's place
of business and the mailing address if it is different from the applicant's
place of business.

(i) An attestation that the applicant has complied
with the statutes and rules governing workers' compensation
insurance. If the applicant is required by law to secure workers'
compensation insurance pursuant to title 23, chapter 6, the attestation must
contain the workers' compensation insurance policy number or be accompanied by
proof of self-insurance.

(j) If the applicant is a trust, the names and
addresses of all trustees.

2. Submit the appropriate fee required under this
chapter.

3. Submit and maintain the appropriate bond required
under this chapter.

4. Notify the registrar of any change in the
information required by this section within thirty days after the change
occurs.

C. To obtain, renew or maintain a license under this
chapter, each person who is named on a license must not have engaged in
contracting without a license or committed any act that, if committed or done
by any licensed contractor, would be grounds for suspension or revocation of a
contractor's license or be named on a license that was suspended or revoked in
this state or another state.

D. Any licensee whose scope of work
may include excavation as determined by the registrar shall ensure that the
competent person and any employee who is EXPECTED to enter a trench is properly
trained in trench safety. The competent person and each employee
prescribed in this subsection shall renew trench SAFETY training every two
years or on renewal of the license.

D.

e.
To
obtain a license under this chapter, a person may not have had a license
denied, refused or revoked within one year before the person's
application. The registrar may find circumstances behind the denial,
refusal or revocation excusable if the applicant's actions did not result in an
unremedied hardship or danger or loss to the public. A person who
has been convicted of contracting without a license is not eligible to obtain a
license under this chapter for one year after the date of the last conviction.

E.

f.
Before
a license is issued, the qualifying party must:

1. Have a minimum of four years' practical or
management trade experience, at least two of which must have been within the
last ten years, dealing specifically with the type of construction, or its
equivalent, for which the applicant is applying for a
license. Technical training in an accredited college or university
or in a manufacturer's accredited training program may be substituted for a
portion of such experience, but in no case may credited technical training
exceed two years of the required four years' experience. The
registrar of contractors may reduce the four years' practical or management
experience requirement if in the registrar's opinion it has been conclusively
shown by custom and usage in the particular industry or craft involved that the
four-year requirement is excessive. The registrar shall waive the
work experience documentation and verification if the records reflect that the
qualifying party is currently or has previously been a qualifying party for a
licensee in this state in the same classification and meets all other
qualifications.

2. Successfully show, by written examination taken
not more than two years before application, if required, qualification in the
kind of work for which the applicant proposes to contract, the applicant's
general knowledge of the building, safety, health and lien laws of the state,
administrative principles of the contracting business and the rules adopted by
the registrar of contractors pursuant to this chapter, demonstrate knowledge
and understanding of construction plans and specifications applicable to the
particular industry or craft and of the standards of construction work and
techniques and practices in the particular industry or craft and demonstrate a
general understanding of other related construction trades, in addition to any
other matters as may be deemed appropriate by the registrar to determine that
the qualifying party meets the requirements of this chapter.

3. SUCCESSFULLY show participation in
a division of occupational safety and health-approved trench safety training
course.

F.

g.
The
registrar shall maintain multiple versions of examinations for each type of
license that requires an examination. The registrar shall waive the
examination requirement if the records reflect that the qualifying party is
currently or has previously been a qualifying party for a licensee in this
state in the same classification within the preceding five years.

G.

h.
A
license may not be issued to a minor, to any partnership in which one of the
partners is a minor or to any corporation in which a corporate officer is a
minor.

H.

I.
Before
receiving, renewing and holding a license pursuant to this chapter, the
registrar may require a license applicant or licensee to submit to the
registrar a full set of fingerprints and the fees required in section 41-1750. The
registrar 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.

j. for the purposes of this section,
"competent person" means an individual who is knowledgeable about
excavation standards and able to identify hazards and who has the authority to
take immediate corrective action.
END_STATUTE