Bill Text: AZ HB2428 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Veteran benefits; reservists
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-04-11 - Governor Signed [HB2428 Detail]
Download: Arizona-2012-HB2428-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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CHAPTER 241
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HOUSE BILL 2428 |
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AN ACT
amending sections 28‑3158, 28-3165, 28-3166, 28-3170, 38-610, 41-601 and 41‑608.04, Arizona Revised Statutes; amending laws 2008, chapter 243, section 6; relating to veterans.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-3158, Arizona Revised Statutes, is amended to read:
28-3158. Driver license or instruction permit application
A. A person who applies for an instruction permit or for a driver license shall use a form furnished by the department.
B. An applicant shall pay the fee prescribed by section 28‑3002 for a driver license or for an instruction permit issued under section 28‑3154, 28‑3155, 28‑3156 or 28‑3225. Payment of the fee required by this section entitles the applicant to not more than three attempts to pass the written examination or road test within twelve months from the date of the application. The department shall refund an application fee pursuant to section 28‑373. An applicant who submits documentation of successful completion of a driver education course approved by the department is not required to take the road test.
C. An applicant for an instruction permit or a driver license shall give the department satisfactory proof of the applicant's full legal name, date of birth, sex and residence address and that the applicant's presence in the United States is authorized under federal law.
D. The application for an instruction permit or a driver license shall state the following:
1. A brief description of the applicant and any other identifying information required by the department.
2. Whether the applicant has been licensed, and if so, the type of license issued, when the license was issued and what state or country issued the license.
3. Whether the license was suspended or revoked or whether an application was ever refused, and if so, the date of and reason for the suspension, revocation or refusal.
4. If the applicant was never licensed, the applicant's last previous state or country of residence.
5. The social security number of the applicant unless the application is for a nonresident commercial driver license.
E. The department shall:
1. Verify that a social security number provided by an applicant is a valid number assigned to that applicant.
2. Retain the social security number in its records.
F. The social security number provided to the department pursuant to subsection D of this section for an applicant's driver license or instruction permit shall not appear on an applicant's driver license or instruction permit unless the applicant requests that the social security number appear on the applicant's driver license or instruction permit as the driver license or instruction permit number. Except as provided in sections 28-455 and 41‑1954, the department shall not release the social security number to any person unless the applicant requests that the social security number appear on the applicant's driver license or instruction permit as the driver license or instruction permit number. The provisions of this subsection shall be included in each application.
G. The department may adopt and implement procedures to deny a driver license or instruction permit to a person who has been deported. The department may adopt and implement procedures to reinstate a person's privilege to apply for a driver license or permit if the person's legal presence status is restored.
H. On request of an applicant, the department shall allow the applicant to provide on the license or permit a post office box address that is regularly used by the applicant.
I. The department may request an applicant who appears in person for a license, a duplicate license or reinstatement of a driving privilege to complete satisfactorily the vision screening prescribed by the department.
j. if a driver license applicant submits satisfactory proof to the department that the applicant is a veteran, on request of the applicant, the department shall allow a distinguishing mark to appear on the license that identifies the person as a veteran.
Sec. 2. Section 28-3165, Arizona Revised Statutes, is amended to read:
28-3165. Nonoperating identification license; immunity; rules; emancipated minors
A. On receipt of an application from a person who does not have a valid driver license issued by this state or whose driving privilege is suspended, the department shall issue a nonoperating identification license that contains a distinguishing number assigned to the licensee, the full legal name, the date of birth, the residence address and a brief description of the licensee and either a facsimile of the signature of the licensee or a space on which the licensee is required to write the licensee's usual signature with pen and ink. A nonoperating identification license that is issued to a person whose driving privilege is suspended shall not be valid for more than one hundred eighty days from the date of issuance.
B. On request of an applicant: ,
1. The department shall allow the applicant to provide on the nonoperating identification license a post office box address that is regularly used by the applicant.
2. If the applicant submits satisfactory proof to the department that the applicant is a veteran, the department shall allow a distinguishing mark to appear on the nonoperating identification license that identifies that person as a veteran.
C. A person who is issued a license pursuant to this section shall use it only for identification purposes of the licensee. The nonoperating identification license does not grant authority to operate a motor vehicle in this state. The department shall clearly label the nonoperating identification license "for identification only, not for operation of a motor vehicle".
D. On issuance of a driver license, the holder of a nonoperating identification license shall surrender the nonoperating identification license to the department and the department shall not refund any fee paid for the issuance of the nonoperating identification license.
E. A nonoperating identification license shall contain the photograph of the licensee. The department shall use a process in the issuance of nonoperating identification licenses that prohibits as nearly as possible the ability to superimpose a photograph on the license without ready detection. The department shall process nonoperating identification licenses and photo attachments in color.
F. On application, an applicant shall give the department satisfactory proof of the applicant's full legal name, date of birth, sex and residence address and that the applicant's presence in the United States is authorized under federal law. The application shall briefly describe the applicant, state whether the applicant has been licensed, and if so, the type of license issued, when and by what state or country and whether any such license is under suspension, revocation or cancellation. The application shall contain other identifying information required by the department.
G. The department may adopt and implement procedures to deny a nonoperating identification license to a person who has been deported. The department may adopt and implement procedures to reinstate a person's privilege to apply for a nonoperating identification license if the person's legal presence status is restored.
H. A nonoperating identification license issued by the department is solely for the use and convenience of the applicant for identification purposes.
I. The department shall adopt rules and establish fees for issuance of a nonoperating identification license, except that the department shall not require an examination.
J. A person who is sixty‑five years of age or older and a person who is a recipient of public monies as a disabled individual under title XVI of the social security act, as amended, are exempt from the fees established pursuant to this section.
K. If a person qualifies for a nonoperating identification license and is under the legal drinking age, the department shall issue a license that is marked by color, code or design to immediately distinguish it from a nonoperating identification license issued to a person of legal drinking age. The department shall indicate on the nonoperating identification license issued pursuant to this subsection the year in which the person will attain the legal drinking age.
L. If a minor has been emancipated pursuant to title 12, chapter 15, on application and proof of emancipation, the department shall issue a nonoperating identification license that contains the words "emancipated minor".
Sec. 3. Section 28-3166, Arizona Revised Statutes, is amended to read:
28-3166. Driver license content and application; marked licenses; emancipated minors
A. The department shall issue a driver license to a qualified applicant. The driver license shall contain a distinguishing number assigned to the licensee, the license class, any endorsements, the licensee's full name, date of birth and residence address, a brief description of the licensee and either a facsimile of the signature of the licensee or a space on which the licensee is required to write the licensee's usual signature with pen and ink. A driver license is not valid until it is signed by the licensee. On request of an applicant: ,
1. The department shall allow the applicant to provide on the driver license a post office box address that is regularly used by the applicant and that is located in the county in which the applicant resides.
2. if the applicant submits satisfactory proof to the department that the applicant is a veteran, the department shall allow a distinguishing mark to appear on the license that identifies the person as a veteran.
B. An application for a driver license and the driver license issued shall contain the photo image of the applicant or licensee. The department shall use a process in the issuance of driver licenses that prohibits as nearly as possible the ability to alter or reproduce the license or that prohibits the ability to superimpose a photo image on the license without ready detection. The department shall process driver licenses and photo images in color. This subsection does not apply to a driver license that is renewed by mail pursuant to section 28‑3172.
C. An applicant who is sixteen or older but under twenty‑four years of age shall provide the department with satisfactory proof of the applicant's legal name and date of birth.
D. If a person is qualified for a driver license and is under the legal drinking age, the department shall issue a license that is marked by color, code or design to immediately distinguish it from a license issued to a person of legal drinking age. The department shall indicate on the driver license issued pursuant to this subsection the year in which the person will attain the legal drinking age.
E. The department shall mark a special ignition interlock restricted driver license issued pursuant to chapter 4, article 3.1 of this title by color, code or design to immediately distinguish it from other licenses issued by the department.
F. If a person is qualified for a driver license but is subject to the certified ignition interlock device limitations prescribed in section 28‑1381, 28-1382, 28-1383 or 28-3319, the department shall issue a license that is marked by color, code or design to immediately distinguish it from other licenses issued by the department.
G. The department shall not include information in the magnetic stripe and bar code of a driver license other than information that the department is authorized to obtain and place on a driver license pursuant to this article.
H. If a minor has been emancipated pursuant to title 12, chapter 15, on application and proof of emancipation, the department shall issue a driver license that contains the words "emancipated minor".
Sec. 4. Section 28-3170, Arizona Revised Statutes, is amended to read:
28-3170. Duplicate permit or license
a. If an instruction permit or driver license issued under this chapter is lost, destroyed or made illegible, if the name or address of the applicant changes or if a new photo image is desired, the person to whom the permit or license was issued may obtain a duplicate, update or substitute of the permit or license, on payment of the fee required by section 28‑3002.
b. if a person holds a driver license and wants a distinguishing mark on the license that identifies the person as a veteran, the person may obtain an update or substitute of the license after both of the following:
1. submitting satisfactory proof to the department that the applicant is a veteran.
2. Paying the fee required by section 28-3002, subsection a, paragraph 7.
Sec. 5. Section 38-610, Arizona Revised Statutes, is amended to read:
38-610. Leave of absence for certain federal training; definition
A. The officers and employees of this state, any county, city or town or any agency or political subdivision of this state, or a county, city or town, shall be granted leaves of absence from their duties without loss of time, pay or efficiency rating:
1. On all days during which they are employed on training duty or to attend camps, maneuvers, formations or drills under orders with any branch, or reserve or auxiliary of the armed forces of the United States for a period of not to exceed thirty days in any two consecutive years.
2. On all days during which they are employed on training duty by the national disaster medical system under the United States department of health and human services.
B. For the purposes of subsection A, paragraph 1, an officer or employee shall not be charged military leave for days on which the individual was not otherwise scheduled for work. The period of time spent in training under orders shall not be deducted from the vacation period with pay to which any officer or employee is otherwise entitled.
C. For the purposes of this section, "year" means the fiscal year of the United States government.
Sec. 6. Section 41-601, Arizona Revised Statutes, is amended to read:
41-601. Definitions
In this article, unless the context otherwise requires:
1. "Commission" means the Arizona veterans' service advisory commission.
2. "Department" means the department of veterans' services.
3. "Director" means the director of the department of veterans' services.
4. "Veteran" means a citizen of the United States who was regularly enlisted, drafted, inducted or commissioned and who was accepted for and assigned to active duty in the armed forces of the United States. END_STATUTE
Sec. 7. Section 41-608.04, Arizona Revised Statutes, is amended to read:
41-608.04. Military family relief fund; advisory committee
A. The military family relief fund is established through December 31, 2018. The fund consists of private donations, grants, bequests and any other monies received for that purpose. The department shall administer the fund. On notice from the director, 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 fund. The monies in the fund are continuously appropriated to the department solely for the purposes described in this section. Any monies remaining unexpended and unencumbered on December 31, 2018 shall be transferred for deposit in the veterans' donations fund established by section 41‑608.
B. The military family relief advisory committee is established to determine appropriate uses of the monies in the military family relief fund as provided by this section. The advisory committee consists of the director or the director's designee and twelve additional members, including widows and widowers of military personnel who died in the line of duty, military retirees, veterans who have a service-connected disability and their family members, Arizona army and air national guard unit commanders and active and retired senior enlisted military personnel. Except for the director, the governor shall appoint the members based on recommendations by the director, the adjutant general and commanders of military bases in this state. Appointed members serve at the pleasure of the governor. The advisory committee shall elect a chairperson from among the appointed members.
C. The advisory committee shall:
1. Establish criteria for the use of monies in the fund.
2. Establish and revise as necessary the application process for financial assistance.
3. Review and evaluate applications.
4. Make other recommendations as necessary.
D. The advisory committee may establish a subcommittee, consisting of not more than five members of the full committee, to recommend approval of a grant to an applicant of not more than three thousand dollars.
E. Notwithstanding section 38‑431.03, the subcommittee may meet in executive session without advance notice. The full advisory committee may meet in executive session, with notice pursuant to section 38‑431.02, to review and evaluate applications or review recommendations of the subcommittee. Applications for financial assistance and all committee considerations and evaluations of the applications are confidential.
F. The monies in the fund shall be used to provide financial assistance pursuant to this subsection. The service member of an applying family must have been deceased, wounded or injured or become seriously ill after September 11, 2001, been deployed from a military base in this state or entered active United States military service from this state after September 11, 2001, claimed this state as the service member's home of record or been a member of the Arizona national guard at the time of deployment. If discharged from military service, the service member must have been discharged under honorable conditions. The assistance shall be based on financial need up to ten thousand dollars per family. Eligible assistance is as follows:
1. Widows, widowers or dependent children of service members who died in the line of duty in a combat zone or a zone where the person was receiving hazardous duty pay may apply for a stipend for living expenses for up to six months. For the purposes of the stipend, qualifying living expenses are residential mortgage, rent and utility payments and other basic living expenses. Payments with respect to any deceased person under this paragraph are limited to a total of ten thousand dollars.
2. An immediate family member may apply for payment of costs of temporary residence near the medical facility where the service member or former service member is being treated, including living, travel and housing expenses. Payments may be payable in monthly installments as long as the person is hospitalized or receiving medical care or rehabilitation services as authorized by military or veterans' medical personnel.
3. An immediate family member, service member or former service member may apply for:
(a) Living expenses.
(b) Other appropriate expenses as determined by the military family relief advisory committee.
G. The director may allocate up to five per cent of the donations received for administering the fund and the financial assistance program under this section including the hiring of an employee to process applications and provide support to the committee. The department shall provide reasonable office space and other necessary resources for the employee.
H. The director shall receive private donations for deposit in the fund and issue receipts to the donors. Private donations may qualify for the purposes of income tax credits under section 43‑1086. The director may receive donations in any amount, but donations that qualify for tax credits are subject to the limits prescribed by section 43‑1086. Donations to the fund that otherwise qualify under the tax credit limits prescribed by section 43‑1086 but that exceed a combined total of one million dollars in any calendar year, on a first come first served basis, do not qualify for the income tax credits. The director shall provide the taxpayer a donation receipt, which shall include the taxpayer's full name and address, the last four digits of the taxpayer's social security number and the amount of the donation. The director shall designate on the donation receipt whether the donation qualifies under the limits prescribed by this subsection and section 43‑1086. The director shall send a record of receipts that qualify under this subsection to the department of revenue.
I. On or before March 31 of each year, the director shall provide for an audit by an independent certified public accountant of the fund and of the aggregate amount authorized by the director for income tax credits under subsection H of this section. The director shall promptly submit a certified copy of the audit to the auditor general. The auditor general may make further audits and examinations as necessary and may take appropriate action relating to the audit or examination pursuant to chapter 7, article 10.1 of this title. If the auditor general does not take further action within thirty days after the audit is filed, the audit is considered to be sufficient. The director shall pay the costs of the certified public accountant and the auditor general from the administration allocation under subsection G of this section.
Sec. 8. Laws 2008, chapter 243, section 6 is amended to read:
Sec. 6. Delayed repeal
A. Section 41-608.04, Arizona Revised Statutes, is repealed from and after December 31, 2013 2018.
B. Section 43-1086, Arizona Revised Statutes, is repealed from and after December 31, 2012.
APPROVED BY THE GOVERNOR APRIL 11, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 12, 2012.
