HB2408 - 531R

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

Section 1. Section 28-882, Arizona Revised Statutes, is amended to read:

START_STATUTE28-882. Parking spaces for persons with physical disabilities

A. Each state agency having jurisdiction over street parking or publicly owned and operated parking facilities shall provide specially designated and marked motor vehicle parking spaces for the exclusive use of persons with physical disabilities.

B. Each political subdivision of this state having jurisdiction over street parking or publicly owned and operated parking facilities shall provide, as determined by the county board of supervisors or the governing body of a city or town, specially designated and marked motor vehicle parking spaces for the exclusive use of persons with physical disabilities.

C. Each parking space described in this section shall be prominently outlined with paint and posted with a permanent sign that is located at least three feet but not more than six feet above the grade, that is of a color and design approved by the department and that bears the internationally accepted symbol of access and the caption "reserved parking". If the parking space is a van accessible space with at least eight-foot aisles, the permanent sign shall also include the caption "wheelchair only". END_STATUTE

Sec. 2. Section 28-884, Arizona Revised Statutes, is amended to read:

START_STATUTE28-884. Parking space for persons with physical disabilities; prohibition

A. Except as provided in subsection B of this section, a person shall not stop, stand or park a motor vehicle within any specially designated and marked parking space provided pursuant to this article unless the motor vehicle is transporting a person who has been issued a valid placard or international symbol of access special plates and either:

1. The motor vehicle displays the valid permanent disability or temporary disability removable windshield placard.

2. The motor vehicle displays international symbol of access special plates that are currently registered to the vehicle.

B. A person who is chauffeuring a person with a physical disability in a vehicle without a placard or international symbol of access special plates may park momentarily in a parking space provided pursuant to this article for the purpose of loading or unloading the person with a physical disability, and a complaint shall not be issued to the driver for the momentary parking.

C. A person who has been issued a valid placard or international symbol of access special plate that contains a color or symbol that demonstrates a disability requiring a wheelchair may park in any specially designated and marked parking space provided pursuant to this article. A person who has been issued a valid placard or international symbol of access special plate that does not contain a symbol that demonstrates a disability requiring a wheelchair shall not park in any specially designated and marked parking space that is marked for the exclusive use of persons with physical disabilities requiring wheelchairs pursuant to section 28‑882, subsection C. END_STATUTE

Sec. 3. Section 28-2409, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2409. 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 has permanent physical disabilities and who is an owner or lessee of a motor vehicle.

2. An organization that owns or leases a motor vehicle that primarily transports persons with physical disabilities.

B. A permanent disability 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 has permanent physical disabilities may obtain, if qualified, a permanent disability removable windshield placard. A person who has a temporary physical disability may obtain, if qualified, a temporary disability removable windshield placard. An organization described in subsection A, paragraph 2 of this section may obtain, if qualified, a placard for each of the qualified vehicles. The department shall issue only one valid placard to an applicant with a temporary or permanent physical disability, 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 up to three valid placards are required. The department shall issue a placard pursuant to this section at no additional charge.

D. The department may issue up to three permanent disability removable windshield placards to a nonprofit organization that provides assistance to senior citizens. The nonprofit organization shall maintain records on each volunteer who uses these placards to transport persons with temporary or permanent disabilities.

E. A permanent disability removable windshield placard issued or renewed under this section is valid for five years. A temporary disability 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 temporary disability removable windshield placard for an additional period of time shall submit a new application.

F. A person or an organization described in subsection A, paragraph 2 of this section that desires to obtain a permanent disability or temporary disability 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 person with a permanent or temporary disability, a medical certificate completed by a hospital administrator, an authorized physician or a registered nurse practitioner that certifies that the applicant has a physical disability and whether or not the person requires a wheelchair.

2. If a person with a disability who is a veteran and who is has a one hundred per cent a person with a percent disability, a copy of the person's certificate of one hundred per cent percent disability issued by the United States department of veterans affairs and whether or not the person requires a wheelchair.

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 persons with physical disabilities and whether or not those persons require wheelchairs.

G. On receipt of the application containing the medical certificate, the certificate of one hundred per cent percent disability issued by the United States 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.

H. A person or an organization described in subsection A, paragraph 2 of this section that desires to renew a permanent disability removable windshield placard shall submit an application to the department containing one of the following:

1. If a permanent disability person with a permanent disability, 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 has a physical disability and whether or not the person requires a wheelchair.

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 persons with physical disabilities and whether or not those persons require wheelchairs.

I. If a special plate or placard is issued pursuant to this section to a person who requires a wheelchair or to an organization that transports persons with physical disabilities who require wheelchairs, the special plate or placard shall contain a symbol that demonstrates a physical disability requiring a wheelchair.

I. J. 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.

J. K. 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.

K. L. 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. "Permanent disability 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.

(d) The seal or other identification of the issuing authority.

3. "Person with a physical disability" 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. "Temporary disability 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.

(d) The seal or other identification of the issuing authority. END_STATUTE