HB2046 - 551R

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

Section 1. Section 28-884, Arizona Revised Statutes, is amended to read:

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

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 shall not stop, stand or park a motor vehicle, including a vehicle displaying an international symbol of access special plate or placard, in the access aisle of a parking space described in section 28-882. For the purposes of this subsection, "access aisle" means a designated area adjacent to a parking space described in section 28-882 that is marked by either spaced, crosshatched or diagonal stripes or a distinctive change in color or material and that leads to an accessible route of travel.

D. A person who has been issued an international symbol of access special plate on behalf of a minor pursuant to section 28-2409 shall only use a designated and marked parking space provided pursuant to this article when the person is transporting the minor with permanent physical disabilities. END_STATUTE

Sec. 2. Section 28-2409, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2409. International symbol of access special plates; placard; update of records; invalid placard or plate; definitions

A. The department shall issue special plates bearing the international symbol of access to either:

1. A person who is an owner or lessee of a motor vehicle and who either:

(a) Has permanent physical disabilities and who is an owner or lessee of a motor vehicle.

(b) Is the parent or legal guardian of a minor with permanent physical disabilities.

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 under this section is valid for as long as the person to whom it is issued qualifies for issuance under this section. 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, an authorized physician assistant or a registered nurse practitioner who certifies that the applicant has a physical disability.

2. If a person with a disability who is a veteran and who has a one hundred percent disability, a copy of the person's certificate of one hundred percent disability issued by the United States 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 persons with physical disabilities.

G. On receipt of the application containing the medical certificate, the certificate of one hundred 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. 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. If a person for whom a permanent disability removable windshield placard or permanent disability special plate has been issued pursuant to this section has been identified as deceased through monthly inquiries of federal or state vital record databases, the department shall update the record that the permanent disability removable windshield placard or the permanent disability special plate is canceled. The department shall electronically provide that the placard or plate is canceled to an authorized central law enforcement telecommunication system database that is accessible to law enforcement officers in this state.

K. 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. "Authorized physician assistant" means a physician assistant who is under the supervision of an authorized physician.

3. "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.

4. "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.

5. "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