REFERENCE TITLE: VLT and registration fee exemptions

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

HB 2694

 

Introduced by

Representative Blackman

 

 

AN ACT

 

amending sections 28‑5802 and 28‑5803.01, Arizona Revised Statutes; relating to vehicle registration fees and taxes.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 28-5802, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5802.  Vehicle license tax exemption; veterans

A.  Notwithstanding section sections 28‑2003 and 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 United States department of veterans affairs pursuant to Public Law 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 United States department of veterans affairs to be as having a one hundred per cent with a percent disability and drawing compensation on that basis.  The exemption provided by this paragraph applies to a surviving spouse of the veteran with a disability until the surviving spouse's remarriage or death.  The exemption provided by this paragraph applies only if the disability resulted from combat related injuries that were sustained in any of the following theaters of operation:

(a)  World War II beginning in 1939 and ending in 1945.

(b)  The Korean War beginning in 1950 and ending in 1953.

(c)  The Vietnam War beginning in 1955 and ending in 1975.

(d)  The multinational intervention in Lebanon beginning in 1982 and ending in 1984.

(e)  The invasion of Grenada in 1983.

(f)  The invasion of Panama beginning in 1989 and ending in 1990.

(g)  The first United States intervention in the Somali Civil War beginning in 1992 and ending in 1995.

(h)  The Bosnian War beginning in 1992 and ending in 1995.

(i)  The Kosovo War beginning in 1998 and ending in 1999.

(j)  The war in Afghanistan beginning in 2001.

(k)  The Iraq war beginning in 2003 and ending in 2011.

(l)  The American‑led intervention in Syria beginning in 2014.

3.  A veteran for a personally owned vehicle or a veteran and another party owning a vehicle if the veteran is a bona fide purple heart medal recipient.  The exemption provided by this paragraph applies to a surviving spouse of the veteran who is a bona fide purple heart medal recipient until the surviving spouse's remarriage or death.  The exemption provided by this paragraph applies only if both:

(a)  the purple heart recipient sustains an injury resulting from any of the following:

(i)  An action against an enemy of the United States.

(ii)  An action with an opposing armed force of a foreign country in which the armed forces of the United States are or have been engaged.

(iii)  Serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.

(iv)  An act of an enemy, opposing armed force or hostile foreign force.

(b)  The purple heart recipient has served in at least one of the following theaters of operation:

(i)  World War II beginning in 1939 and ending in 1945.

(ii)  The korean War beginning in 1950 and ending in 1953.

(iii)  The vietnam War beginning in 1955 and ending in 1975.

(iv)  the Multinational intervention in Lebanon beginning in 1982 and ending in 1984.

(v)  the Invasion of Grenada in 1983.

(vi)  The invasion of Panama beginning in 1989 and ending in 1990.

(vii)  The first United States intervention in the Somali Civil War beginning in 1992 and ending in 1995.

(viii)  The bosnian War beginning in 1992 and ending in 1995.

(ix)  The kosovo War beginning in 1998 and ending in 1999.

(x)  The War in Afghanistan beginning in 2001.

(xi)  The Iraq war beginning in 2003 and ending in 2011.

(xii)  The American‑led intervention in Syria beginning in 2014.

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 percent disability or receipt of the purple heart medal as described in subsection A, paragraph 3 of this section, 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. END_STATUTE

Sec. 2.  Section 28-5803.01, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5803.01.  Vehicle license tax and registration fee exemption; spouse or dependents of first responder or military member; applicability; definitions

A.  Notwithstanding sections 28‑2003 and 28‑5801, beginning January 1, 2016, the registering officer may not collect a vehicle license tax or registration fee for a vehicle owned by a surviving spouse or a surviving dependent of a deceased first responder who was killed in the line of duty or who died from injuries suffered in the line of duty on or after April 5, 1933.

B.  Notwithstanding sections 28‑2003 and 28‑5801, beginning January 1, 2017, the registering officer may not collect a vehicle license tax or registration fee for a vehicle owned by a resident of this state who is a surviving spouse or a surviving dependent of a deceased member of the United States military who was killed in the line of duty or who died from injuries suffered in the line of duty in any of the following theaters of operation:

1.  World War II beginning in 1939 and ending in 1945.

2.  The Korean War beginning in 1950 and ending in 1953.

3.  The Vietnam War beginning in 1955 and ending in 1975.

4.  The multinational intervention in Lebanon beginning in 1982 and ending in 1984.

5.  The invasion of Grenada in 1983.

6.  The invasion of Panama beginning in 1989 and ending in 1990.

7.  The first United States intervention in the Somali Civil War beginning in 1992 and ending in 1995.

8.  The Bosnian War beginning in 1992 and ending in 1995.

9.  The Kosovo War beginning in 1998 and ending in 1999.

10.  The war in Afghanistan beginning in 2001.

11.  The Iraq war beginning in 2003 and ending in 2011.

12.  The American‑led intervention in Syria beginning in 2014.

C.  The exemption for a surviving spouse that is provided by this section applies until the surviving spouse's remarriage or death.  The exemption for the surviving dependent applies until the person is no longer considered a dependent.

D.  A surviving spouse or surviving dependent may claim only one vehicle for exemption under subsection A of this section or one vehicle for exemption under subsection B of this section.

E.  For the purposes of this section:

1.  "Dependent" means an unmarried child of a first responder or United States military member who meets one of the following qualifications:

(a)  Is under eighteen years of age.

(b)  Is at least eighteen years of age and under twenty-three years of age only during any period that the child is a full-time student.

(c)  Is under a disability that began before the child attained twenty‑three years of age and remains a dependent of the surviving spouse or a guardian.

2.  "First responder" has the same meaning prescribed in section 36‑661 and includes a person who is a volunteer first responder and who is operating in an official capacity on behalf of a government entity that is involved in an emergency or law enforcement response. END_STATUTE