Arizona 57th Legislature - First Regular Session Status: In Committee 1 R cosponsors

HB 2229 — executive clemency; medical confinement release

Last action — W/D

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 57th Legislature - First Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

192 added · 646 removed

Plain-language change summary

The amendments to HB 2229 change the terminology used to refer to prisoners, replacing "prisoners" with "inmates," and make some adjustments regarding eligibility for medical supervision. Specifically, the board of executive clemency is given more clarity in its authority to place inmates on medical supervision, emphasizing that this applies to all inmates except those sentenced to death or life imprisonment and allowing for specific medical findings to guide these decisions. This matters because it aims to clarify the criteria under which inmates can receive medical care while incarcerated, potentially improving their treatment.

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Fifty-seventh Legislature Regulatory Oversight First Regular Session H.B.
Fifty-seventh Legislature Judiciary First Regular Session H.B.
2229 (Reference to printed bill) Strike everything after the enacting clause and insert:
2229 (Reference to printed bill) Amendment instruction key:
"Section 1.
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.
Section 32-1104, Arizona Revised Statutes, is amended to read:
[Green underlining in brackets] indicates text added to new session law or text restoring existing law.
32-1104.
[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously enacted session law.
Powers and duties A.
[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.
The registrar, in addition to other duties and rights provided for in this chapter, shall:
<<Green carets>> indicate a section added to the bill.
<<Green strikeout in carets>> indicates a section removed from the bill.
The bill as proposed to be amended is reprinted as follows:
Section 1.
Title 31, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 31-419, to read:
31-419.
Medical confinement release;
eligibility;
plan;
application;
hearing ;
reporting requirements;
rules, posting requirement A.
EXCEPT FOR [PRISONERS] [INMATES] WHO ARE SENTENCED TO DEATH [OR TO] [,] NATURAL LIFE, [OR PURSUANT TO SECTION 13-705, AND UNLESS OTHERWISE PROVIDED BY LAW,] THE BOARD OF EXECUTIVE CLEMENCY MAY [RELEASE A PRISONER ON MEDICAL CONFINEMENT] [PLACE AN INMATE ON MEDICAL SUPERVISION] IF THE [PRISONER] [INMATE] HAS BEEN EXAMINED BY A PHYSICIAN WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR 17 AND HAS RECEIVED A WRITTEN DIAGNOSIS THAT INCLUDES ANY OF THE FOLLOWING:
Maintain an office in Phoenix and in such other cities and towns in the THIS state as the registrar deems advisable and necessary.
[A DETERMINATION THAT THE PRISONER SUFFERS FROM AN INCURABLE AND INCAPACITATING OR DEBILITATING PHYSICAL, MENTAL OR COGNITIVE CONDITION, DISEASE OR SYNDROME.
2.
FOR THE PURPOSES OF THIS PARAGRAPH, AN INCURABLE AND INCAPACITATING OR DEBILITATING PHYSICAL, MENTAL OR COGNITIVE CONDITION, DISEASE OR SYNDROME SUBSTANTIALLY DIMINISHES THE ABILITY OF A PRISONER TO PROVIDE SELF-CARE WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILITY.] [A PROGNOSIS THAT THE INMATE IS TERMINALLY ILL WITH A CONDITION OR DISEASE WITH AN END-OF-LIFE TRAJECTORY OF EIGHTEEN MONTHS OR LESS.] 2.
Maintain a complete indexed record of all applications and licenses THAT ARE issued, renewed, terminated, cancelled CANCELED, revoked or suspended under this chapter, including timely notation of any judicial disposition on appeal, for a period of not less than seven years.
[A DETERMINATION THAT THE PRISONER SUFFERS FROM AN INCURABLE AND EXTRAORDINARY MEDICAL CIRCUMSTANCE.
3.
FOR THE PURPOSES OF THIS PARAGRAPH, AN INCURABLE AND EXTRAORDINARY MEDICAL CIRCUMSTANCE OCCURS WHEN THE PRISONER NEEDS MEDICAL CARE OR TREATMENT THAT CANNOT BE ADEQUATELY ADDRESSED IN A CORRECTIONAL FACILITY.] [A DETERMINATION THAT THE INMATE IS MEDICALLY INCAPACITATED.
Furnish a certified copy of any license issued or an affidavit that no license exists or that a license has been cancelled CANCELED or suspended, including information as to the status on appeal of such a cancellation or suspension, on receipt of the prescribed fee.
FOR THE PURPOSES OF THIS PARAGRAPH "MEDICALLY INCAPACITATED" MEANS HAVING A DIAGNOSABLE PHYSICAL, MENTAL OR COGNITIVE House Amendments to H.B.
, and That certified copy or affidavit shall be received in all courts and elsewhere as prima facie evidence of the facts stated therein IN THE CERTIFIED COPY OR AFFIDAVIT.
2229 CONDITION, DISEASE, DISORDER OR SYNDROME THAT IS UNLIKELY TO IMPROVE IN THE FUTURE AND DOES EITHER OF THE FOLLOWING:
The registrar shall also furnish certified copies of license bonds or cash deposit certificates on receipt of the prescribed fee.
(a) PREVENTS THE INMATE FROM COMPLETING ONE OR MORE ACTIVITY OF DAILY LIVING WITHOUT ASSISTANCE.
Fees charged pursuant to this paragraph are $10 per hour, except that the minimum fee charged pursuant to this paragraph is $10.
(b) CAUSES INCAPACITATION TO THE EXTENT THAT THE INSTITUTIONAL CONFERMENT DOES NOT OFFER ADDITIONAL RESTRICTIONS.] [3.
House Amendments to H.B.
A PROGNOSIS THAT THE PRISONER IS TERMINALLY ILL WITH A CONDITION OR DISEASE WITH AN END-OF-LIFE TRAJECTORY OF ONE YEAR OR LESS.] [4.] [3.] A DETERMINATION THAT THE [PRISONER] [INMATE] IS [SEVENTY-FIVE] [SEVENTY] YEARS OF AGE OR OLDER AND IS IN IRREVERSIBLE DETERIORATING HEALTH DUE TO ADVANCING AGE.
2229 4.
[B.
Employ such deputies, investigators and assistants subject to title 41, chapter 4, article 4, and procure such equipment and records, as are necessary to enforce this chapter.
THE DIRECTOR OF THE STATE DEPARTMENT OF CORRECTIONS SHALL REVIEW THE WRITTEN DIAGNOSIS AND PROVIDE INPUT TO THE BOARD BEFORE THE BOARD GRANTS MEDICAL CONFINEMENT.
With respect to the enforcement of section 32-1164, the registrar or the registrar's investigators are vested with the authority to issue a citation to any violators of this chapter in accordance with section 13-3903.
When the registrar or the registrar's investigators conduct investigations they are authorized to receive criminal history record information from the department of public safety and other law enforcement agencies.
5.
Make rules the registrar deems necessary to effectually carry out the provisions and intent of this chapter.
Such rules shall include the adoption of minimum standards for good and workmanlike construction.
In adopting such rules of minimum standards, the registrar shall be guided by established usage and procedure as found in the construction business in this state.
If the rules of minimum standards adopted by the registrar are in any manner inconsistent with a building or other code of this state, OR a county, city or other political subdivision or local authority of this state, compliance with such code shall constitute good and workmanlike construction for the purposes of this chapter.
6.
Apply the following to proposed rule changes:
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(a) The registrar of contractors, at the time the registrar files A notice of proposed rule change with the secretary of state in compliance with title 41, chapter 6, shall mail to each trade association that qualifies in accordance with subdivision (b) of this paragraph, and any other individual holding a bona fide contractor's license who qualifies in accordance with subdivision (b) of this paragraph, a copy of the notice of proposed rule change.
(b) Every trade association in this state allied with the contracting business that files a written request that a notice be mailed to it and shows that the association has an interest in the rules of the registrar of contractors shall receive a copy thereof OF THE NOTICE OF PROPOSED CHANGE, as set forth in subdivision (a) of this paragraph.
Such -2- House Amendments to H.B.
2229 filing of a request may be made every two years, and it shall contain information as to the nature of the association and its mailing address.
Any duly licensed contractor who files a written request shall receive a copy of the proposed rule changes in accordance with this paragraph.
Each such request may be made every two years.
7.
Prepare and furnish decals and business management books when deemed advisable by the registrar.
A reasonable fee may be charged for such decals and business management books.
8.
Refer criminal violations of this chapter to the appropriate law enforcement agency or prosecuting authority.
B.
The registrar may develop and institute programs to do any of the following:
1.
Educate the public and contractors licensed pursuant to this chapter regarding statutes, rules, policies and operations of the agency.
2.
Assist in resolving disputes in an informal process before a reportable written complaint is filed.
The registrar must notify the licensed contractor in an alleged dispute before a written complaint is filed and allow the contractor the opportunity to be present at any inspection regarding the alleged dispute.
The registrar must give the contractor at least five days' notice before the inspection.
Issues in the alleged dispute under this section shall not be limited in number and shall not be considered formal written complaints.
The homeowner reserves the right to deny access to the contractor under this informal complaint process.
The registrar must notify the contractor and the homeowner in writing of the registrar's findings within five days after the date of the inspection.
The registrar may not post any information regarding the informal complaint process as part of a licensee's record on the registrar's website.
3.
Develop, manage, operate and sponsor construction related CONSTRUCTION-RELATED programs THAT ARE designed to benefit the public in conjunction with other private and public entities.
-3- House Amendments to H.B.
2229 C.
The registrar shall publicly post a list of applicants for a contractor license on its website for at least twenty days, commencing on the day designated by the registrar.
The registrar shall issue a license if the applicant meets all requirements regardless of the twenty-day posting period.
The registrar shall furnish copies of the posting list on written request.
A reasonable charge, not to exceed $2 per month, may be made for compilation, printing and postage for the posting list.
The list shall contain the following information:
1.
The name and address of the applicant.
2.
The names, addresses and official capacity of all persons required to sign the application under section 32-1122.
D.
The registrar may accept voluntary gifts, grants or matching monies from public agencies or enterprises for the conduct of programs that are authorized by this section or that are consistent with the purpose of this chapter.
THE BOARD MAY NOT GRANT MEDICAL CONFINEMENT UNLESS ALL OF THE FOLLOWING APPLY:
Sec.
2.
Section 32-1122, Arizona Revised Statutes, is amended to read:
32-1122.
Qualifications for license A.
A contractor's license may be issued only by act of the registrar of contractors.
The registrar shall:
Classify and qualify applicants for a license.
THERE IS NOT A SUBSTANTIAL PROBABILITY THAT THE PRISONER WILL VIOLATE THE LAW IF RELEASED.
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.
THE RELEASE OF THE PRISONER IS MEDICALLY APPROPRIATE.
Conduct investigations the registrar deems necessary.
THE RELEASE OF THE PRISONER IS COST-EFFECTIVE FOR THIS STATE.
Establish written examinations to protect the health and safety of the public.
THE RELEASE OF THE PRISONER IS IN THE INTERESTS OF THE PRISONER'S WELL-BEING AND DIGNITY.
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:
-4- House Amendments to H.B.
2229 (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) (ii) 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 -5- House Amendments to H.B.
2229 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 EITHER:
1.
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 UNLESS ANY LOSS CAUSED BY SUCH AN ACT HAS BEEN FULLY SATISFIED PURSUANT TO SECTION 32-1161.
or 2.
Be named on a license that was suspended or revoked in this state or another state UNLESS ANY LOSS CAUSED BY THE ACT OR OMISSION FOR WHICH THE LICENSE WAS SUSPENDED OR REVOKED HAS BEEN FULLY SATISFIED PURSUANT TO SECTION 32-1161.
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 STATE DEPARTMENT OF CORRECTIONS SHALL PREPARE A MEDICAL CONFINEMENT PLAN THAT ENSURES APPROPRIATE SUPERVISION, ASSISTANCE AND PLACEMENT FOR A PRISONER WHO IS ON MEDICAL CONFINEMENT.
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.
Before a license is issued, the qualifying party must:
THE BOARD SHALL PROVIDE NOTICE OF ANY SANCTIONS THAT WILL ATTACH TO A VIOLATION OF A CONDITION THAT IS PLACED ON A PRISONER WHO IS RELEASED ON MEDICAL CONFINEMENT AND SHALL PLACE ALL OF THE FOLLOWING CONDITIONS ON THE PRISONER:
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 -6- House Amendments to H.B.
DETERMINING THE PRISONER'S PLACEMENT, SUPERVISION AND CARE.
2229 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.
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.
REQUIRING PERIODIC MEDICAL EVALUATIONS OF THE PRISONER.
F.
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.
-7- House Amendments to H.B.
2229 G.
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.
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 OR A CRIMINAL RECORDS CHECK.
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.
Sec.
Section 32-1123.01, Arizona Revised Statutes, is amended to read:
REQUIRING THE PRISONER TO REPORT INFORMATION TO THE BOARD.] [F.] [B.] [A PRISONER] [AN INMATE] OR AN INTERESTED PARTY ON [A PRISONER'S] [AN INMATE'S] BEHALF MAY APPLY FOR MEDICAL CONFINEMENT BY SUBMITTING AN APPLICATION TO THE STATE DEPARTMENT OF CORRECTIONS.
32-1123.01.
[THE APPLICATION MUST DISCLOSE TO THE PRISONER AND THE PRISONER MUST ACKNOWLEDGE ON THE APPLICATION THAT THE PRISONER'S MEDICAL RECORDS MAY BECOME A PUBLIC RECORD AND BE DISCUSSED IN A PUBLIC FORUM DURING A MEDICAL CONFINEMENT BOARD HEARING.] [IF SOMEONE OTHER THAN THE INCARCERATED INDIVIDUAL SUBMITS THE APPLICATION, THE INMATE MUST CONSENT TO THE APPLICATION.
Staggered periods of licensure;
THE APPLICATION SHALL INCLUDE, AT LEAST:
biennial renewal A.
The registrar shall maintain a system of staggered licensure to distribute the work of licensure throughout the twelve months of the year.
B.
The registrar shall implement a system for biennial license renewal FOR RESIDENTIAL AND DUAL LICENSED CONTRACTORS and provide for proration of license renewal fees for that purpose.
C.
THE REGISTRAR SHALL IMPLEMENT A SYSTEM FOR FOUR-YEAR LICENSE RENEWAL FOR COMMERCIAL CONTRACTORS AND PRORATE LICENSE RENEWAL FEES FOR THAT PURPOSE.
C.
D.
The registrar may grant an exception to the biennial licensing or biennial renewal requirements of this section and may allow an annual renewal based on a written petition by a contractor claiming that the biennial requirements would cause a real and immediate hardship.
Sec.
4.
Section 32-1124, Arizona Revised Statutes, is amended to read:
32-1124.
License issuance;
required posting and placement;
license suspension A.
When the registrar receives the fee required by this chapter and an application furnishing complete information as required by the -8- House Amendments to H.B.
2229 registrar, the registrar shall notify the applicant within sixty days after the date of the filing of a complete application of the action taken on the application.
, and If the registrar determines that the applicant is qualified to hold a license in accordance with this chapter, the registrar shall issue a license to the applicant allowing the applicant to engage in business as a contractor under the terms of this chapter.
B.
Licenses issued under this chapter and any renewals shall be signed by the registrar or the registrar's designated representative and by the licensee.
The license is nontransferable, and satisfactory evidence of possession shall be exhibited by the licensee on demand.
The license number appearing on any licenses held by the licensee must be preceded by the acronym "ROC" and shall be posted or placed as follows:
In a conspicuous place on premises where any work is being performed.
THE INMATE’S NAME, DEPARTMENT NUMBER AND FACILITY.
On all written bids and estimates submitted by the licensee.
WHETHER THE INMATE HAS PREVIOUSLY APPLIED FOR MEDICAL SUPERVISION.
On all published advertising, letterheads and other documents used by the licensee to correspond with the licensee's customers or potential customers in the conduct of CONDUCTING business regulated by this chapter.
THE DIAGNOSIS AND A STATEMENT THAT SAYS THE INMATE IS SUFFERING FROM A TERMINAL ILLNESS, HAS BEEN DIAGNOSED WITH A CONDITION THAT HAS CAUSED THE INMATE TO BE MEDICALLY INCAPACITATED OR IS SEVENTY YEARS OF AGE -2- House Amendments to H.B.
2229 OR OLDER AND HAS AN IRREVERSIBLE DETERIORATING HEALTH CONDITION DUE TO ADVANCED AGE.
On all broadcast, internet or billboard advertising, unless the broadcast, internet or billboard advertising includes a website's uniform resource locator that directly links to a website that prominently displays the licensee's name and license number.
A DESCRIPTION OF THE CONVICTION OR CONVICTIONS FROM WHICH MEDICAL SUPERVISION IS SOUGHT.
C.
A violation of subsection B of this section relating to posting and placement of license numbers shall be, at the discretion of the registrar, grounds for disciplinary action pursuant to section 32-1154, subsection A, paragraph 12, but not grounds for preventing the award of a contract, voiding an awarded contract, or CONSTITUTING any other claim or defense against the licensee.
For the purposes of this subsection B OF THIS SECTION, advertising does not include a trade association directory listing that is distributed solely to the members of the association and not to the general public.
-9- House Amendments to H.B.
2229 D.
If an application for a license is denied for any reason provided in this chapter, the application fee paid by the applicant is forfeited and shall be deposited pursuant to section 32-1107.
A reapplication for a license shall be accompanied by the fee fixed by this chapter.
E.
On issuance or renewal of a license, the registrar, at the request of a licensee, shall issue a single license certificate showing all contracting licenses held by the licensee that are currently in good standing and their dates of expiration.
F.
The registrar may establish procedures to allow a licensee to establish a common expiration or renewal date for all licenses issued to the licensee and may provide for proration of license fees for that purpose.
G.
The registrar may suspend by operation of law a license issued under this chapter if any of the following occurs:
1.
The licensed entity is dissolved.
The dissolution of the licensed entity includes the death of a sole owner, a change to the partnership by either adding or removing a partner, the revocation or dissolution of corporate authority or the dissolution of a limited liability company or limited liability partnership.
2.
The licensed entity does not have authority to do business in this state.
3.
The license is obtained or renewed with an insufficient funds check.
The license remains suspended until the registrar receives sufficient funds as payment for the license fees and assessments.
Sec.
Section 32-1133, Arizona Revised Statutes, is amended to read:
A PLAN STATING WHERE THE INMATE WILL RESIDE AND PROVIDING CONTACT INFORMATION FOR THE PLACE OF BUSINESS, HOMEOWNER OR LEASEHOLDER AND THEIR RELATIONSHIP TO THE INDIVIDUAL.] [G.] [C.] WITHIN [TEN] [FIVE] DAYS AFTER RECEIVING AN APPLICATION FOR MEDICAL [CONFINEMENT] [SUPERVISION], THE STATE DEPARTMENT OF CORRECTIONS SHALL PROVIDE THE APPLICATION TO THE DEPARTMENT'S MEDICAL SERVICES AND NOTIFY THE BOARD [OF EXECUTIVE CLEMENCY] THAT AN APPLICATION HAS BEEN SUBMITTED.
32-1133.
WITHIN [TEN] [FIVE] DAYS AFTER RECEIVING AN APPLICATION, THE DEPARTMENT'S MEDICAL SERVICES SHALL [REQUEST THAT] [HAVE] A PHYSICIAN WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR 17 EVALUATE THE [PRISONER] [INMATE].
Civil recovery;
WITHIN [SEVEN] [FIVE] DAYS AFTER EVALUATING [A PRISONER] [AN INMATE], THE PHYSICIAN SHALL SUBMIT A REPORT ON WHETHER THE [PRISONER] [INMATE] IS ELIGIBLE FOR MEDICAL [CONFINEMENT] [SUPERVISION] PURSUANT TO SUBSECTION A OF THIS SECTION.
statute of limitations A.
IF THE [PRISONER] [INMATE] IS ELIGIBLE, THE PHYSICIAN SHALL PREPARE A CLINICAL SUMMARY OF THE [PRISONER'S] [INMATE'S] HEALTH STATUS AND PROGNOSIS.
An action for a judgment that may subsequently result in an order for collection from the residential contractors' recovery fund may not be commenced later than two years after the date of the commission of the act by the contractor that is the cause of the injury or from the date of occupancy.
THE PHYSICIAN SHALL SUBMIT THE CLINICAL SUMMARY AND PROGNOSIS AND ANY PERTINENT DOCUMENTATION TO THE DEPARTMENT'S MEDICAL SERVICES.
-10- House Amendments to H.B.
ON RECEIVING THE PHYSICIAN'S REPORT ON THE [PRISONER] [INMATE], THE DEPARTMENT'S MEDICAL SERVICES SHALL NOTIFY THE BOARD AND APPEND THE CLINICAL SUMMARY, PROGNOSIS AND DOCUMENTATION.
2229 B.
[H.] [D.] THE BOARD SHALL HOLD A HEARING ON THE [PRISONER'S] [INMATE'S] MEDICAL [CONFINEMENT WITHIN TWENTY-EIGHT DAYS] [SUPERVISION] AFTER THE BOARD RECEIVES NOTIFICATION FROM THE STATE DEPARTMENT OF CORRECTIONS MEDICAL SERVICES [OF A COMPLETED APPLICATION WITHIN FOURTEEN DAYS IF THE INMATE IS SEEKING MEDICAL RELEASE FOR A TERMINAL ILLNESS, OR WITHIN TWENTY-EIGHT DAYS IF MEDICAL SUPERVISION IS SOUGHT DUE TO MEDICAL INCAPACITATION OR ADVANCED AGE].
When a claimant commences an action for a judgment that may result in collection from the fund, the claimant must notify the registrar in writing to this effect within thirty calendar days after the commencement of the action.
THE BOARD SHALL ENSURE THAT THE PHYSICIAN WHO EVALUATED THE [PRISONER] [INMATE] IS AVAILABLE TO PROVIDE TESTIMONY AT THE MEDICAL [CONFINEMENT] [SUPERVISION] BOARD HEARING.
The registrar at any time may intervene in and defend the action.
THE BOARD SHALL SEAL [A PRISONER'S] [AN INMATE'S] MEDICAL RECORDS [EXCEPT TO THE INMATE OR THEIR REPRESENTATIVE].
C.
[E.
When any claimant recovers a valid judgment against any residential contractor for an act, representation, transaction or conduct that is in violation of this chapter or the rules adopted pursuant to this chapter, the claimant, on twenty days' written notice to the registrar, may apply to the court for an order directing payment out of FROM the fund, of the amount unpaid on the judgment, subject to the limits stated in this article.
THE BOARD SHALL PROVIDE NOTICE OF ANY SANCTIONS THAT WILL ATTACH TO A VIOLATION OF A CONDITION THAT IS PLACED ON AN INMATE WHO IS PLACED ON MEDICAL SUPERVISION AND MAY PLACE ANY OF THE FOLLOWING CONDITIONS ON THE INMATE:
If the claimant fails to notify the registrar within thirty calendar days after commencement of the action as required by this subsection, the court may direct payment out of FROM the fund on receipt of a consent to payment signed on behalf of the registrar.
If the claimant gives notice to the registrar as required by this subsection, the court may direct payment out of FROM the fund either on receipt of a consent to payment signed on behalf of the registrar or, in the absence of any written consent, after the notice period required by this subsection.
If the court receives written objections by the registrar, the court may not direct payment from the fund without affording the registrar a reasonable opportunity to present and support the registrar's objections.
D.
The court may proceed on an application in a summary manner and, on the hearing, the claimant is required to show that the claimant has done all of the following:
Given notice as required by subsections B and C of this section.
DETERMINING THE INMATE’S PLACEMENT, SUPERVISION AND CARE 2.
REQUIRING THE INMATE TO REPORT ANY CHANGE OF ADDRESS OR MEDICAL CONDITION TO COMMUNITY SUPERVISION.] [I.] [F.] THE BOARD MAY GRANT MEDICAL CONFINEMENT BY EITHER OF THE FOLLOWING VOTES:
1.
A MAJORITY AFFIRMATIVE VOTE IF THREE OR MORE MEMBERS CONSIDER THE ACTION.
-3- House Amendments to H.B.
2229 2.
A UNANIMOUS AFFIRMATIVE VOTE IF TWO MEMBERS CONSIDER THE ACTION PURSUANT TO SECTION 31-401, SUBSECTION I AND THE CHAIRMAN CONCURS AFTER REVIEWING THE INFORMATION CONSIDERED BY THE TWO MEMBERS.
[J.] [G.] THE BOARD SHALL NOTIFY THE [PRISONER OR] [INMATE AND] THE PARTY WHO APPLIED ON BEHALF OF THE [PRISONER] [INMATE, AS APPLICABLE] AS SOON AS POSSIBLE IF THE BOARD:
1.
GRANTS MEDICAL [CONFINEMENT] [SUPERVISION].
Obtained a judgment that has become final, as provided in subsection C of this section, stating the amount and the amount owing at the date of the application.
DENIES MEDICAL [CONFINEMENT] [SUPERVISION].
3.
IF DENIED, THE BOARD SHALL FORWARD THE DENIED MEDICAL [CONFINEMENT] [SUPERVISION] DOCUMENTATION, INCLUDING THE REASONS FOR THE DENIAL, TO THE STATE DEPARTMENT OF CORRECTIONS AND THE [PRISONER] [INMATE] OR THE PARTY WHO APPLIED ON THE [PRISONER'S] [INMATE'S] BEHALF AS SOON AS POSSIBLE.
Proceeded against any existing bond covering the residential contractor.
[K.] [H.] IF THE BOARD DENIES MEDICAL [CONFINEMENT] [SUPERVISION], THE [PRISONER] [INMATE] OR THE PARTY WHO APPLIED ON THE [PRISONER'S] [INMATE'S] BEHALF MAY SUBMIT A REQUEST FOR RECONSIDERATION TO THE BOARD [WITHIN TWENTY-FOUR MONTHS AFTER THE DENIAL] IF NEW INFORMATION BECOMES AVAILABLE THAT CONCERNS THE [PRISONER'S] [INMATE'S] ELIGIBILITY FOR MEDICAL [CONFINEMENT] [SUPERVISION].
-11- House Amendments to H.B.
[I.
2229 E.
THE STATE DEPARTMENT OF CORRECTIONS SHALL PUBLISH A MONTHLY PUBLIC REPORT THAT INCLUDES ALL OF THE FOLLOWING INFORMATION:
The court may make an order directed to the registrar requiring payment from the fund of whatever sum it finds to be payable on the claim, in accordance with this section, if the court is satisfied on the hearing of the truth of all matters required to be shown by the claimant by subsection D of this section.
The recovery limits established under this article apply to all judgments awarded beginning September 1, 2002.
If the claimant has recovered a portion of the claimant's loss from sources other than the fund, the court shall deduct the amount recovered from other sources from the amount of actual damages suffered pursuant to section 32-1132.01, subsection A and direct the difference, not to exceed $30,000, to be paid from the fund.
F.
On receipt of a certified copy of the order specified in subsection E of this section, the registrar may authorize payment from the residential contractors' recovery fund even if an appeal has been instituted but not completed.
Sec.
6.
Section 32-1133.01, Arizona Revised Statutes, is amended to read:
32-1133.01.
Administrative recovery;
statute of limitations A.
Notwithstanding any other provision in this chapter, if a contractor license has been revoked or suspended as a result of an order to remedy a violation of this chapter, the registrar may order payment from the residential contractors' recovery fund to remedy the violation.
B.
The registrar must serve the contractor with a notice setting forth the amount claimed or to be awarded.
C.
If the contractor contests the amount or propriety of the payment, the contractor must respond in writing within ten days after the date of service by requesting a hearing to determine the amount or propriety of the payment.
The contractor's failure to respond in writing within ten days after the date of service may be deemed a waiver by the contractor of the right to contest the amount claimed or to be awarded.
D.
Service of the notice required by subsection B of this section may be made by personal service to the contractor or by mailing a copy of -12- House Amendments to H.B.
2229 the notice by certified mail with postage prepaid to the contractor's latest address of record on file in the registrar's office.
E.
If service is made by certified mail, it is effective five days after the notice is mailed.
Except as provided in section 41-1092.08, subsection H, the contractor or claimant may seek judicial review of the registrar's final award pursuant to title 12, chapter 7, article 6.
F.
A claimant to the residential contractors' recovery fund pursuant to this section must show that the claimant has proceeded against any existing bond covering the residential contractor.
G.
A claim for payment from the residential contractor's recovery fund must be submitted within two years after all proceedings, reviews and appeals connected with the registrar's final order terminate.
Sec.
7.
Section 32-1152, Arizona Revised Statutes, is amended to read:
32-1152.
Bonds A.
Before granting an original contractor's license, EXCLUDING A COMMERCIAL CONTRACTOR LICENSE, the registrar shall require of the applicant a surety bond in a form acceptable to the registrar or a cash deposit as provided in this section.
No A contractor's license, EXCEPT FOR A COMMERCIAL CONTRACTOR'S LICENSE, may NOT be renewed unless the applicant's surety bond or cash deposit is in full force and effect.
B.
The bonds, or the cash deposit as provided in this section, shall be in the name of the licensee in amounts fixed by the registrar with the following schedules after giving due consideration to the volume of work and the classification contemplated by the applicant:
General commercial building contractors and subclassifications of general commercial contractors shall MAY furnish a surety bond or cash deposit in an amount that is determined as follows:
THE NUMBER AND NATURE OF:
(a) If the estimated annual volume of construction work of the applicant is $10,000,000 or more, the applicant must furnish a surety bond or cash deposit of not less than $50,000 or more than $100,000.
(a) MEDICAL SUPERVISION APPLICATION RECEIVED BY THE DEPARTMENT.
-13- House Amendments to H.B.
(b) APPLICATIONS FORWARDED TO THE DEPARTMENT’S MEDICAL SERVICES.
2229 (b) If the estimated annual volume of construction work of the applicant is more than $5,000,000 and less than $10,000,000, the applicant shall furnish a surety bond or cash deposit of not less than $35,000 or more than $75,000.
(c) APPLICATIONS SUBMITTED TO THE BOARD.
(c) If the estimated annual volume of construction work of the applicant is more than $1,000,000 and less than $5,000,000, the applicant shall furnish a surety bond or cash deposit of not less than $15,000 or more than $50,000.
(d) If the estimated annual volume of construction work of the applicant is more than $500,000 and less than $1,000,000, the applicant shall furnish a surety bond or cash deposit of not less than $10,000 or more than $25,000.
(e) If the estimated annual volume of construction work of the applicant is more than $150,000 and less than $500,000, the applicant shall furnish a surety bond or cash deposit of not less than $5,000 or more than $15,000.
(f) If the estimated annual volume of construction work of the applicant is less than one hundred fifty thousand dollars, the applicant shall furnish a surety bond or cash deposit of five thousand dollars.
Specialty commercial contractors shall furnish a surety bond or cash deposit in an amount that is determined as follows:
THE CLASSIFICATION, CONVICTION TYPE, AND SENTENCE TYPE OF THE APPLICANTS.
(a) If the estimated annual volume of construction work of the applicant is $10,000,000 or more, the applicant shall MAY furnish a surety bond or cash deposit of not less than $37,500 or more than $50,000.
(b) If the estimated annual volume of construction work of the applicant is more than $5,000,000 and less than $10,000,000, the applicant shall furnish a surety bond or cash deposit of not less than $17,500 or more than $37,500.
(c) If the estimated annual volume of construction work of the applicant is more than $1,000,000 and less than $5,000,000, the applicant shall furnish a surety bond or cash deposit of not less than $7,500 or more than $25,000.
-14- House Amendments to H.B.
2229 (d) If the estimated annual volume of construction work of the applicant is more than $500,000 and less than $1,000,000, the applicant shall furnish a surety bond or cash deposit of not less than $5,000 or more than $17,500.
(e) If the estimated annual volume of construction work of the applicant is more than $150,000 and less than $500,000, the applicant shall furnish a surety bond or cash deposit of not less than $2,500 or more than $7,500.
(f) If the estimated annual volume of construction work of the applicant is less than $150,000, the applicant shall furnish a surety bond or cash deposit of $2,500.
The total amount of the surety bond or cash deposit required of THAT MAY BE FURNISHED BY a licensee who holds more than one license under paragraphs 1 and 2 of this subsection is the sum of the surety bond or cash deposit required for each license based on the estimated annual volume of construction work of the applicant allocated to and performed under each license.
THE MEDICAL SUPERVISION REPORTING PROVISION FOR INMATES.
The applicant at his option may post a single surety bond or cash deposit that is the sum of the bonds or deposits determined under this subsection for all such licenses.
General dual licensed contractors and subclassifications of general dual licensed contractors shall furnish a single surety bond or cash deposit with amounts for each classification of license that are determined based on the volume of commercial work as determined under paragraph 1 of this subsection and the volume of residential work as determined under paragraph 5 of this subsection.
THE RECIDIVISM RATE OF INMATES WHO ARE RELEASED ON MEDICAL SUPERVISION.
Liability under the bond or cash deposit is limited to the amount established for each commercial or residential license and is subject to the limits and requirements set forth in subsection E of this section.
General residential contractors and subclassifications of general residential contractors shall furnish a surety bond or cash deposit in an amount of not more than $15,000 and not less than $5,000.
THE ADHERENCE WITH TIME LIMITS REQUIRED BY THIS SECTION.
-15- House Amendments to H.B.
6.
2229 6.
THE NUMBER OF INMATES MEDICALLY INCAPACITATED, THE LEVEL OF THEIR INCAPACITATION, AND THEIR PLACEMENT IN DEPARTMENT CUSTODY.
Specialty dual licensed contractors shall furnish a single surety bond or cash deposit with amounts for each classification of license that are determined based on the volume of commercial work as determined under paragraph 2 of this subsection and the volume of residential work as determined under paragraph 7 of this subsection.
Liability under the bond or cash deposit is limited to the amount established for each commercial or residential license and is subject to the limits and requirements set forth in subsection E of this section.
Specialty residential contractors shall furnish a surety bond or cash deposit in an amount of not more than $7,500 and not less than $1,000.
THE NUMBER OF PERSONS SEVENTY YEARS OF AGE OR OLDER AND THEIR PLACEMENT IN DEPARTMENT CUSTODY.
8.
J.
Dual licensed swimming pool contractors and residential swimming pool general contractors shall furnish a surety bond or cash deposit in the same amounts based on the volume of work as determined under paragraph 1 of this subsection for a general commercial contractor.
THE BOARD AND THE STATE DEPARTMENT OF CORRECTIONS SHALL PUBLISH A MONTHLY PUBLIC REPORT THAT INCLUDES ALL OF THE FOLLOWING INFORMATION ON MEDICAL SUPERVISION:
C.
Dual licensed contractors and residential contractors shall also either:
Furnish an additional surety bond or cash deposit in the amount of $200,000 solely for actual damages suffered by claimants as described in section 32-1132.
THE NUMBER OF MEDICAL SUPERVISION HEARINGS AND THE OUTCOMES.
This bond is subject to the limits on the amounts that may be awarded to individual claimants as established in section 32-1132.
Participate in the residential contractors' recovery fund and pay the assessment prescribed by section 32-1126, subsection G.
THE NUMBER OF RECONSIDERATION REQUESTS AND HEARING OUTCOMES.
-16- House Amendments to H.B.
2229 D.
The surety bonds shall be executed by the contractor as principal with a corporation duly authorized to transact surety business in this state.
Evidence of a surety bond shall be submitted to the registrar in a form acceptable to the registrar.
The contractor in the alternative may establish a cash deposit in the amount of the bond with the state treasurer in accordance with rules adopted by the registrar.
Such cash bond monies shall be deposited, pursuant to sections 35-146 and 35-147, in the contractors' cash bond fund.
The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the state general fund.
Such cash deposits may be withdrawn, if there are no outstanding claims against them, two years after the termination of the license in connection with which the cash is deposited.
The cash deposit may be withdrawn two years after the filing of a commercial surety bond as a replacement to the cash deposit.
E.
The bonds or deposit required by subsection B of this section are for the benefit of and are subject to claims by the registrar of contractors for failure to pay any sum required pursuant to this chapter.
The bond or deposit required by subsection B, paragraphs 1, 2 and 3 of this section is for the benefit of and subject to claims by a licensee under this chapter or a lessee, owner or co-owner of nonresidential real property, including, but not limited to, a tenant in common or joint tenant, or their successors in interest, who has a direct contract with the licensee against whose bond or deposit the claim is made and who is damaged by the failure of the licensee to build or improve a structure or appurtenance on that real property at the time the work was performed in a manner not in compliance with the requirements of any building or construction code applicable to the construction work under the laws of this state or any political subdivision, or if no such code was applicable, in accordance with the standards of construction work approved by the registrar.
The residential bond or deposit required by subsection B, paragraphs 4 through 8 of this section is for the benefit of and subject to claims by any person furnishing labor, materials or construction equipment -17- House Amendments to H.B.
2229 on a rental basis used in the direct performance of a construction contract involving a residential structure or by claimants as described in section 32-1132.
The bond or deposit required by subsection C, paragraph 1 of this section is for the benefit of and is subject to claims only by claimants as described in section 32-1132.
The person seeking recovery from the bond or cash deposit shall maintain an action at law against the contractor if claiming against the cash deposit or against the contractor and surety if claiming against the surety bond.
If the person seeking recovery is required to give the notice pursuant to section 33-992.01, he THE PERSON is entitled to seek recovery only if he THE PERSON has given such notice and has made proof of service.
The surety bond or cash deposit is subject to claims until the full amount thereof is exhausted.
The court may award reasonable attorney fees in a judgment against a contractor's surety bond or cash deposit.
A suit may not be commenced on the bond or for satisfaction from the cash deposit after the expiration of two years following the commission of the act or delivery of goods or rendering of services on which the suit is based, except that time for purposes of claims for fraud is measured as provided in section 12-543.
The surety bond or cash deposit shall be continuous in form and conditioned so that the total aggregate liability of the surety or cash deposit for all claims, including reasonable attorney fees, is limited to the face amount of the surety bond or cash deposit irrespective of the number of years the bond or cash deposit is in force.
If the corporate surety desires to make payment without awaiting court or registrar action, the amount of any bond filed in compliance with this chapter shall be reduced to the extent of any payment or payments made by the corporate surety in good faith thereunder.
Any such payments shall be based on priority of written claims received by the corporate surety before court or registrar action.
If more than one cash deposit exists, the judgment against the contractor shall state which cash deposit is used to satisfy the judgment.
A certified copy of the judgment shall then be filed with the registrar, and such judgment must specify that it may be satisfied from the contractor's cash deposit.
Priority for -18- House Amendments to H.B.
2229 payment is based on the time of filing with the registrar.
On receipt of a certified copy of the judgment or on a final disciplinary order of the registrar, the registrar may authorize payment from the cash deposit of the amount claimed or of whatever lesser amount remains on file.
In any action against a cash deposit, the claimant, at the time of filing suit, may notify the registrar in writing of the action against the cash deposit, but may not name as a defendant in the action the registrar, the treasurer or the THIS state.
A claimant's failure to notify the registrar at the time of filing suit may result in the cash deposit being withdrawn by the licensee before judgment pursuant to subsection D of this section.
F.
When a corporate surety cancels a bond, the surety, not less than thirty days before the effective date of the cancellation, shall give the principal and the registrar a written notice of the cancellation.
Notice to the principal shall be by certified mail in a sealed envelope with postage fully prepaid.
Proof of notice to the principal shall be made available to the registrar on request.
On reduction or depletion of the cash deposit, the registrar shall immediately notify the licensee of said reduction or depletion and that the licensee must replenish the cash deposit or furnish a surety bond on or before thirty days from the date of said reduction or depletion or the contractor's license is suspended on the thirtieth day without further notice or hearing.
Notice to the contractor shall be by certified mail in a sealed envelope with postage fully prepaid thereon, addressed to the contractor's latest address of record in the registrar's office.
The contractor's license is suspended by operation of law on the date the bond is canceled or thirty days from the date of reduction or depletion of the cash deposit unless a replacement bond or cash deposit is on file with the registrar.
G.
The registrar and the state treasurer have no personal liability for the performance of duties relating to the bonds, cash deposits, certificates of deposit, investment certificates or share accounts required or permitted by this chapter as long as such duties are performed in good faith.
-19- House Amendments to H.B.
2229 H.
In the following instances the registrar, after a hearing, may require, as a condition precedent to issuance, renewal, continuation or removal of suspension of a license, a surety bond or cash deposit in an amount and duration to be fixed by the registrar based on the seriousness of the violations, which may not be more than ten times the amount required by subsection B of this section:
1.
When a license of either the applicant or the qualifying party has been suspended or revoked or a surety bond or cash deposit requirement has been increased under section 32-1154 previously as the result of disciplinary action for a violation of this chapter.
2.
When either the applicant or qualifying party was an officer, member, partner or qualifying party for a licensee at any time during which cause for disciplinary action occurred resulting in suspension or revocation of such licensee's license and such applicant or qualifying party had knowledge of or participated in the act or omission that was the cause of such disciplinary action for a violation of this chapter.
The bonds required by this subsection are in addition to any other bond or cash deposit required by this chapter or any other bond required of a contractor by an owner or any other contracting party on any contract undertaken by him pursuant to the authority of such license.
THE ADHERENCE WITH THE TIME LIMITS REQUIRED BY THIS SECTION.
Sec.
K.
8.
ALL INMATES NAMES AND IDENTIFYING INFORMATION SHALL BE REDACTED IN THE REPORTS PRESCRIBED BY SUBSECTIONS I AND J OF THIS SECTION.
Section 32-1161, Arizona Revised Statutes, is amended to read:
L.
32-1161.
THE BOARD AND THE DIRECTOR OF THE STATE DEPARTMENT OF CORRECTIONS SHALL ADOPT RULES TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION.
Rights of contractor after suspension or revocation of license A.
-4- House Amendments to H.B.
After suspending the license on any of the grounds set forth in section 32-1154, the registrar shall renew it THE LICENSE on proof of compliance by the contractor with provisions of the judgment relating to renewal of the license, or in the absence of a judgment or provisions therein as to renewal, on A proper showing that all loss caused by the act or omission for which the license was suspended has been fully satisfied.
2229 M.
-20- House Amendments to H.B.
THE DEPARTMENT OF CORRECTIONS SHALL POST NOTICE OF THE AVAILABILITY OF MEDICAL SUPERVISION IN FACILITY COMMON AREAS, FACILITY MEDICAL FACILITIES, INMATE HANDBOOK AND STAFF HANDBOOK.
2229 B.
<<Sec.
After suspending the license pursuant to section 32-1154, the licensee may perform, without compensation, warranty work or other corrective work.
2.
C.
Repeal [Section 31-419, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2028.] >> Enroll and engross to conform Amend title to conform KHYL POWELL 2229POWELL.docx 02/04/2025 10:21 AM H:
After revoking a license on any of the grounds set forth in section 32-1154, the A NEW license may not be renewed or reissued for ISSUED UNTIL one year after final determination of revocation and then only on A proper showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied.
NM/ls -5-
For the purposes of this subsection, a proper showing may be made by demonstrating, to the satisfaction of the registrar, that the licensee exhausted all reasonable means to remedy the underlying loss caused by the act or omission." Amend title to conform JOSEPH CHAPLIK 2229CHAPLIK SE2.docx 02/14/2025 03:11 PM H:
DC/ls -21-
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Action History

  1. W/D

  2. House Second Reading

  3. House First Reading.

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1 sponsors · 0 co-sponsors · 92 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors HB 2229?
HB 2229 is sponsored by Laurin Hendrix (Republican).
What is the current status of HB 2229?
This bill died with 57th Legislature - First Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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