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| 58 | 53 | | An Act |
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| 62 | 57 | | amending sections 15-1801, 41-601 and 41-603, Arizona Revised Statutes; relating to the department of veterans' services. |
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| 68 | 63 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 72 | 67 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 15-1801, Arizona Revised Statutes, is amended to read: START_STATUTE15-1801. Definitions In this article, unless the context otherwise requires: 1. "Armed forces of the United States" means the army, the navy, the air force, the marine corps, the coast guard, the commissioned corps of the United States public health services, the national oceanographic and atmospheric administration, the national guard and any military reserve unit of any branch of the armed forces of the United States has the same meaning prescribed in section 41-601. 2. "Continuous attendance" means enrollment at an educational institution in this state as a full-time student, as such term is defined by the governing body of the educational institution, for a normal academic year since the beginning of the period for which continuous attendance is claimed. Such person need not attend summer sessions or any other intersession beyond the normal academic year in order to maintain continuous attendance. 3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere. 4. "Emancipated person" means a person who is neither under a legal duty of service to his parent nor entitled to the support of such parent under the laws of this state. 5. "Parent" means a person's father or mother, or if one parent has custody, that parent, or if there is no surviving parent or the whereabouts of the parents are unknown, then a guardian of an unemancipated person if there are not circumstances indicating that such guardianship was created primarily for the purpose of conferring the status of an in-state student on such unemancipated person. END_STATUTE Sec. 2. Section 41-601, Arizona Revised Statutes, is amended to read: START_STATUTE41-601. Definitions In this article, unless the context otherwise requires: 1. "Armed forces of the United States" means the army, the navy, the air force, the space force, the marine corps, the coast guard, the commissioned corps of the United States public health services, the national oceanographic and atmospheric administration, the national guard and any military reserve unit of any branch of the armed forces of the United States. 1. 2. "Commission" means the Arizona veterans' service advisory commission. 2. 3. "Department" means the department of veterans' services. 3. 4. "Director" means the director of the department of veterans' services. 4. 5. "Veteran" means a citizen of the United States who was 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. 3. Section 41-603, Arizona Revised Statutes, is amended to read: START_STATUTE41-603. Powers and duties A. The department may act as guardian of an incapacitated veteran, the incapacitated spouse of a veteran or minor children of a veteran, or as conservator of the estate of a protected veteran or of the veteran's incapacitated or surviving spouse or of the minor children of a veteran. The department may act in all fiduciary matters, including as power of attorney, trustee, custodian or representative payee of a veteran, spouse of a veteran or minor child of a veteran. The department may act as the personal representative of the estate of a deceased veteran, deceased spouse of a veteran or deceased child of a veteran. B. The department shall: 1. Assist veterans and their families and dependents in presenting, providing and establishing claims, privileges, rights and benefits they may have under federal, state or local law. 2. Inform veterans and their families and dependents and military and civilian authorities about federal, state and local laws enacted to benefit veterans and their families and dependents and members of the armed forces. 3. Collect information relating to services and facilities available to veterans. 4. Cooperate with all government and private agencies receiving services for or benefits to veterans and their families and dependents. 5. Conduct administrative reviews and, if possible, correct abuses or prevent exploitation of veterans and their families or dependents and recommend corrective legislation. 6. Adopt rules deemed necessary to administer this article. 7. Enter into agreements with veterans' organizations in this state holding a charter granted by the Congress of the United States for the beneficial interest of veterans. 8. Verify and provide written confirmation to the person of eligibility for special license plates issued pursuant to section 28-2475 by determining that all of the following are true: (a) The person was a member of the United States armed forces on December 7, 1941. (b) The person received an honorable discharge from the United States armed forces. (c) The person was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m., Hawaii time at Pearl Harbor, the Island of Oahu or offshore, at a distance not exceeding three miles. 9. Evaluate, supervise, approve and disapprove programs offered by educational institutions and training establishments pursuant to United States Code titles 10 and 38 and state rules, so that veterans and their dependents may draw the educational allowance provided by federal law while pursuing approved programs. 10. Establish an application process for the Arizona gold star military medal, shall verify the eligibility of recipients and, if funding is available, may award the Arizona gold star military medal to an eligible individual. C. The department may: 1. Acquire property for and construct and operate veterans' home facilities in this state. 2. Acquire property for and establish and operate cemeteries for veterans in this state. 3. Establish a training center to provide training to current or potential employees and the veteran community. The department may establish a fee for this training. 4. SUBJECT TO LEGISLATIVE APPROPRIATION AND AS AUTHORIZED BY THE BURIAL EQUITY FOR GUARDS AND RESERVES ACT (P.L. 117-103; 136 STAT. 1109), PROVIDE BURIAL SERVICES IN STATE VETERANS' CEMETERIES FOR MEMBERS OF THE ARIZONA NATIONAL GUARD AND THE UNITED STATES ARMED FORCES RESERVES IF THE MEMBER'S SERVICE WAS TERMINATED UNDER HONORABLE CONDITIONS. END_STATUTE Sec. 4. Effective date This act is effective from and after December 31, 2023. |
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| 73 | 68 | | |
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| 74 | 69 | | Be it enacted by the Legislature of the State of Arizona: |
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| 75 | 70 | | |
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| 76 | 71 | | Section 1. Section 15-1801, Arizona Revised Statutes, is amended to read: |
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| 77 | 72 | | |
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| 78 | 73 | | START_STATUTE15-1801. Definitions |
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| 79 | 74 | | |
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| 80 | 75 | | In this article, unless the context otherwise requires: |
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| 81 | 76 | | |
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| 82 | 77 | | 1. "Armed forces of the United States" means the army, the navy, the air force, the marine corps, the coast guard, the commissioned corps of the United States public health services, the national oceanographic and atmospheric administration, the national guard and any military reserve unit of any branch of the armed forces of the United States has the same meaning prescribed in section 41-601. |
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| 83 | 78 | | |
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| 84 | 79 | | 2. "Continuous attendance" means enrollment at an educational institution in this state as a full-time student, as such term is defined by the governing body of the educational institution, for a normal academic year since the beginning of the period for which continuous attendance is claimed. Such person need not attend summer sessions or any other intersession beyond the normal academic year in order to maintain continuous attendance. |
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| 85 | 80 | | |
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| 86 | 81 | | 3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere. |
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| 87 | 82 | | |
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| 88 | 83 | | 4. "Emancipated person" means a person who is neither under a legal duty of service to his parent nor entitled to the support of such parent under the laws of this state. |
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| 89 | 84 | | |
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| 90 | 85 | | 5. "Parent" means a person's father or mother, or if one parent has custody, that parent, or if there is no surviving parent or the whereabouts of the parents are unknown, then a guardian of an unemancipated person if there are not circumstances indicating that such guardianship was created primarily for the purpose of conferring the status of an in-state student on such unemancipated person. END_STATUTE |
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| 91 | 86 | | |
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| 92 | 87 | | Sec. 2. Section 41-601, Arizona Revised Statutes, is amended to read: |
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| 93 | 88 | | |
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| 94 | 89 | | START_STATUTE41-601. Definitions |
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| 95 | 90 | | |
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| 96 | 91 | | In this article, unless the context otherwise requires: |
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| 97 | 92 | | |
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| 98 | 93 | | 1. "Armed forces of the United States" means the army, the navy, the air force, the space force, the marine corps, the coast guard, the commissioned corps of the United States public health services, the national oceanographic and atmospheric administration, the national guard and any military reserve unit of any branch of the armed forces of the United States. |
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| 99 | 94 | | |
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| 100 | 95 | | 1. 2. "Commission" means the Arizona veterans' service advisory commission. |
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| 101 | 96 | | |
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| 102 | 97 | | 2. 3. "Department" means the department of veterans' services. |
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| 103 | 98 | | |
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| 104 | 99 | | 3. 4. "Director" means the director of the department of veterans' services. |
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| 105 | 100 | | |
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| 106 | 101 | | 4. 5. "Veteran" means a citizen of the United States who was 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 |
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| 107 | 102 | | |
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| 108 | 103 | | Sec. 3. Section 41-603, Arizona Revised Statutes, is amended to read: |
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| 109 | 104 | | |
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| 110 | 105 | | START_STATUTE41-603. Powers and duties |
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| 111 | 106 | | |
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| 112 | 107 | | A. The department may act as guardian of an incapacitated veteran, the incapacitated spouse of a veteran or minor children of a veteran, or as conservator of the estate of a protected veteran or of the veteran's incapacitated or surviving spouse or of the minor children of a veteran. The department may act in all fiduciary matters, including as power of attorney, trustee, custodian or representative payee of a veteran, spouse of a veteran or minor child of a veteran. The department may act as the personal representative of the estate of a deceased veteran, deceased spouse of a veteran or deceased child of a veteran. |
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| 113 | 108 | | |
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| 114 | 109 | | B. The department shall: |
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| 115 | 110 | | |
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| 116 | 111 | | 1. Assist veterans and their families and dependents in presenting, providing and establishing claims, privileges, rights and benefits they may have under federal, state or local law. |
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| 117 | 112 | | |
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| 118 | 113 | | 2. Inform veterans and their families and dependents and military and civilian authorities about federal, state and local laws enacted to benefit veterans and their families and dependents and members of the armed forces. |
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| 119 | 114 | | |
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| 120 | 115 | | 3. Collect information relating to services and facilities available to veterans. |
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| 121 | 116 | | |
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| 122 | 117 | | 4. Cooperate with all government and private agencies receiving services for or benefits to veterans and their families and dependents. |
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| 123 | 118 | | |
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| 124 | 119 | | 5. Conduct administrative reviews and, if possible, correct abuses or prevent exploitation of veterans and their families or dependents and recommend corrective legislation. |
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| 125 | 120 | | |
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| 126 | 121 | | 6. Adopt rules deemed necessary to administer this article. |
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| 127 | 122 | | |
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| 128 | 123 | | 7. Enter into agreements with veterans' organizations in this state holding a charter granted by the Congress of the United States for the beneficial interest of veterans. |
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| 129 | 124 | | |
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| 130 | 125 | | 8. Verify and provide written confirmation to the person of eligibility for special license plates issued pursuant to section 28-2475 by determining that all of the following are true: |
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| 131 | 126 | | |
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| 132 | 127 | | (a) The person was a member of the United States armed forces on December 7, 1941. |
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| 133 | 128 | | |
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| 134 | 129 | | (b) The person received an honorable discharge from the United States armed forces. |
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| 135 | 130 | | |
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| 136 | 131 | | (c) The person was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m., Hawaii time at Pearl Harbor, the Island of Oahu or offshore, at a distance not exceeding three miles. |
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| 137 | 132 | | |
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| 138 | 133 | | 9. Evaluate, supervise, approve and disapprove programs offered by educational institutions and training establishments pursuant to United States Code titles 10 and 38 and state rules, so that veterans and their dependents may draw the educational allowance provided by federal law while pursuing approved programs. |
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| 139 | 134 | | |
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| 140 | 135 | | 10. Establish an application process for the Arizona gold star military medal, shall verify the eligibility of recipients and, if funding is available, may award the Arizona gold star military medal to an eligible individual. |
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| 141 | 136 | | |
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| 142 | 137 | | C. The department may: |
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| 143 | 138 | | |
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| 144 | 139 | | 1. Acquire property for and construct and operate veterans' home facilities in this state. |
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| 145 | 140 | | |
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| 146 | 141 | | 2. Acquire property for and establish and operate cemeteries for veterans in this state. |
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| 147 | 142 | | |
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| 148 | 143 | | 3. Establish a training center to provide training to current or potential employees and the veteran community. The department may establish a fee for this training. |
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| 149 | 144 | | |
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| 150 | 145 | | 4. SUBJECT TO LEGISLATIVE APPROPRIATION AND AS AUTHORIZED BY THE BURIAL EQUITY FOR GUARDS AND RESERVES ACT (P.L. 117-103; 136 STAT. 1109), PROVIDE BURIAL SERVICES IN STATE VETERANS' CEMETERIES FOR MEMBERS OF THE ARIZONA NATIONAL GUARD AND THE UNITED STATES ARMED FORCES RESERVES IF THE MEMBER'S SERVICE WAS TERMINATED UNDER HONORABLE CONDITIONS. END_STATUTE |
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| 151 | 146 | | |
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| 152 | 147 | | Sec. 4. Effective date |
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| 153 | 148 | | |
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| 154 | 149 | | This act is effective from and after December 31, 2023. |
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