Bill Text: AZ HB2811 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Veterans benefits; individual unemployability
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-08 - Referred to House MAPS Committee [HB2811 Detail]
Download: Arizona-2012-HB2811-Introduced.html
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REFERENCE TITLE: veterans benefits; individual unemployability |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2811 |
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Introduced by Representative Barton
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AN ACT
amending sections 17‑336, 28‑2409 and 28‑5802, Arizona Revised Statutes; relating to disabled veterans.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 17-336, Arizona Revised Statutes, is amended to read:
17-336. Complimentary and honorary licenses
A. The commission may issue a complimentary license to:
1. A pioneer seventy years of age or older who has been a resident of this state for twenty‑five or more consecutive years immediately preceding application for the license. The pioneer license is valid for the lifetime of the licensee, and the commission shall not require renewal of the license.
2. A veteran of the armed forces of the United States who has been a resident of this state for one year or more immediately preceding application for the license and who is receiving compensation from the United States government for permanent service connected disabilities rated as one hundred per cent disabling or on the basis of a united states department of veterans affairs rating of total disability based on individual unemployability.
B. The commission may issue a youth class F license for a reduced fee, as prescribed by the commission, to a resident of this state who is a member of the boy scouts of America who has attained the rank of eagle scout or a member of the girl scouts of the USA who has received the gold award.
Sec. 2. Section 28-2409, Arizona Revised Statutes, is amended to read:
28-2409. International symbol of access special plates; placard; definitions
A. The department shall issue special plates bearing the international symbol of access to either:
1. A person who is permanently physically disabled and who is an owner or lessee of a motor vehicle.
2. An organization that owns or leases a motor vehicle that primarily transports physically disabled persons.
B. A permanently disabled special plate issued under this section is valid for as long as the person to whom the plate is issued qualifies for issuance under this section.
C. A person who is permanently physically disabled may obtain, if qualified, a permanently disabled removable windshield placard. A person who is temporarily physically disabled may obtain, if qualified, a temporarily disabled removable windshield placard. An organization that primarily transports physically disabled persons may obtain, if qualified, a placard for each of the qualified vehicles. The department shall issue only one valid placard to a temporarily or permanently physically disabled applicant, except to replace a lost, stolen or mutilated placard or if the department determines, on receiving the applicant's written request, that the needs of the applicant are such that two valid placards are required. The department shall issue a placard pursuant to this section at no additional charge.
D. A permanently disabled removable windshield placard issued or renewed under this section is valid for five years. A temporarily disabled removable windshield placard issued or renewed under this section is valid for a period of time as determined by the department. A person who desires to obtain a temporarily disabled removable windshield placard for an additional period of time shall submit a new application.
E. A person or organization that desires to obtain a permanently disabled or temporarily disabled removable windshield placard or international symbol of access special plates shall submit an application to the department of transportation on a form furnished by the department of transportation that contains one of the following:
1. If a permanently or temporarily disabled person, a medical certificate completed by a hospital administrator, an authorized physician or a registered nurse practitioner that certifies that the applicant is physically disabled.
2. If a disabled person who is a veteran and who is one hundred per cent disabled or who has a rating of total disability based on individual unemployability, a copy of the person's certificate of one hundred per cent disability or individual unemployability issued by the United States veterans administration department of veterans affairs.
3. If an organization, a signed statement by an authorized officer of the organization affirming that the registered vehicle that is owned or leased by the organization and that will display the placard or the international symbol of access special plates primarily transports physically disabled persons.
F. On receipt of the application containing the medical certificate, the certificate of one hundred per cent disability or individual unemployability issued by the United States veterans administration department of veterans affairs or the signed statement, if the department of TRANSPORTATION finds that the applicant qualifies for the parking privileges pursuant to chapter 3, article 14 of this title, the department of transportation shall issue the placard or international symbol of access special plates.
G. A person or an organization desiring to renew a permanently disabled removable windshield placard shall submit an application to the department containing one of the following:
1. If a permanently disabled person, a signed statement by the person that is witnessed by a department agent or notary public, that requests the renewal of the placard and that affirms that the person is physically disabled.
2. If an organization, a signed statement by an authorized officer of the organization affirming that the registered vehicle that is owned or leased by the organization and that will display the placard primarily transports physically disabled persons.
H. The placard or international symbol of access special plates shall be displayed on or in the motor vehicle in the manner prescribed by the department.
I. A request for special plates issued under this section may be combined with a request for an honored military license plate issued under article 13 of this chapter or any other special plate. The department shall prescribe the form for the request. The request is subject to payment of only the fee required for the honored military license plate or other special plate and is not subject to any other special plate fee under section 28‑2402. An international symbol of access special plate that is combined with an honored military license plate or any other special plate is not a personalized special plate under section 28‑2406.
J. For the purposes of this section:
1. "Authorized physician" means a doctor of medicine, osteopathy, podiatry or chiropractic licensed to practice medicine in this state or another state or authorized by the United States government to practice medicine.
2. "Permanently disabled removable windshield placard" means a two‑sided, hooked placard that includes on each side all of the following:
(a) The international symbol of access that is at least three inches in height, that is centered on the placard and that is white on a blue shield.
(b) An identification number.
(c) An expiration date.
(d) The seal or other identification of the issuing authority.
3. "Physically disabled person" means a person who, as determined by a hospital administrator or authorized physician, meets any of the following conditions:
(a) Cannot walk two hundred feet without stopping to rest.
(b) Cannot walk without the use of or assistance from any brace, cane, crutch, other person, prosthetic device, wheelchair or other assistive device.
(c) Is restricted by lung disease to such an extent that the person's forced respiratory, expiratory volume for one second, if measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/Hg on room air at rest.
(d) Uses portable oxygen.
(e) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as class III or class IV according to standards set by the American heart association.
(f) Is severely limited in the person's ability to walk due to an arthritic, neurological or orthopedic condition.
4. "Temporarily disabled removable windshield placard" means a two‑sided, hooked placard that includes on each side all of the following:
(a) The international symbol of access that is at least three inches in height, that is centered on the placard and that is white on a red shield.
(b) An identification number.
(c) A date of expiration.
(d) The seal or other identification of the issuing authority.
Sec. 3. Section 28-5802, Arizona Revised Statutes, is amended to read:
28-5802. Vehicle license tax exemption; veterans
A. Notwithstanding section 28‑5801, the registering officer shall not collect a vehicle license tax or registration fee from:
1. A veteran residing in this state for a vehicle or any replacement of the vehicle acquired by financial aid from the veterans' administration United States department of veterans affairs pursuant to P.L. public laws 79‑663, 85‑56, 85‑857, 90‑77, 91‑666 and 93‑538; 38 United States Code sections 1901 through 1988.
2. A veteran for a personally owned vehicle or a veteran and another party owning a vehicle if the veteran is certified by the veterans' administration United States department of veterans affairs to be one hundred per cent disabled or totally disabled based on individual unemployability and drawing compensation on that basis. The exemption provided by this paragraph applies to a surviving spouse of the disabled veteran until the surviving spouse's remarriage or death.
B. On initial registration of a vehicle a veteran claiming an exemption under this section shall present satisfactory proof of the veterans' administration United States department of veterans affairs financial aid or government compensation and certificate on determination of one hundred per cent disability or individual unemployability, as applicable. The veteran may claim and be granted an exemption and the surviving spouse may renew the registration pursuant to the terms of the exemption provided to the veteran for only one vehicle or any replacement of the vehicle owned by the veteran or the surviving spouse until the surviving spouse's remarriage or death.
