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Arizona’s newest laws

Tuesday, April 30th, 2013

The Arizona Legislature has passed and Gov. Jan Brewer has signed into law 158 pieces of legislation so far this session.

On Monday, she put her signature on nearly three-dozen bills, including two that deal with guns and House Bill 2262, which requires scrap-metal dealers to register with the state Department of Public Safety. HB 2455 prohibits local governments from destroying forfeited firearms and instead requires them to sell the weapons. Another measure, HB 2326, prevents cities from keeping records that identify the owners of certain firearms, such as if the firearm was purchased from a federally licensed dealer.

Most of the laws go into effect 90 days after the session ends. There is no end date yet scheduled, so the exact effective date is still unknown. A few of the laws included emergency clauses and went into effect as soon as they were signed.

Here are some of the new laws:

Elections: Prohibits state and local governments, schools, commissions and committees from using public money or resources to influence an election. They can use public resources to present neutral and factual information. Creates a civil penalty of up to $5,000 for violators.

Telecommunications records: Prohibits a city, town or county from disclosing any records containing telecommunications construction information or the location of telecommunications lines, equipment and plants.

Tampering with utilities: Makes it a crime to tamper with utility property, including defacing any utility property or connecting any wire to a utility property without authorization.

Marijuana cultivation: Allows county zoning ordinances to apply to the cultivation of marijuana.

Victim compensation fund: Removes the requirement that a county’s victim compensation fund can only be used to assist victims with medical, counseling or funeral expenses, or lost wages.

Homeowners-association restrictions: HOAs created after Dec. 31, 2014, cannot regulate public roads in the HOA.

Adoption requirements: A fingerprint clearance card satisfies the requirement for the state and federal criminal-records check required as part of the adoption certification process.

Aquatic poisons: Requires the Arizona Game and Fish Department to conduct a study of the potential impacts before putting antimycin A or rotenone in any water.

DUI penalties: A person can no longer join a continuous alcohol monitoring program in lieu of getting an ignition interlock device and prohibits someone required to use an interlock device to drive an employer’s vehicle without a device.

Orthodontics: Excludes the sale of orthodontic devices by a licensed dental professional from state and city sales taxes, retroactive to Sept. 30, 2007.

Bankruptcy: Several changes to bankruptcy regulations, including increasing the value limit of personal items that are exempt from the bankruptcy process and adding a computer to the list of exempted personal items.

Service animals: Exempts disabled individuals from having to pay county or city licensing fees for service animals or search-and-rescue dogs; updates the definition of service animal to clarify that the providing of emotional support or companionship do not constitute service work and that a service animal can be a dog or a miniature horse but no other type of animal.

Telemedicine: Requires health-insurance companies after Jan. 1, 2015, to cover services provided through telemedicine in rural areas if those services would be covered during an in-person visit; allows companies to impose deductibles and co-pays for telemedicine services as long as they are equal to an in-person fee.

Giffords, other Jan. 8 victims visit site of Safeway shooting

Wednesday, March 6th, 2013

Former Congresswoman Gabrielle Giffords and other victims returned Wednesday to the Safeway where they were shot during a political event two years ago, coming together to urge Arizona’s senators to support universal background checks for gun purchases and transfers.

Many of the victims of the 2011 shooting spoke during the Wednesday morning news conference at the grocery store just north of Tucson. The speakers stood just 20 feet from where Giffords was addressing constituents on the morning of Jan. 8, 2011, when gunman Jared Lee Loughner opened fire, killing six and injuring 13.

Giffords’ husband, retired astronaut Mark Kelly, and other shooting victims expressed their support for legislation requiring universal background checks that the U.S. Senate Judiciary Committee is scheduled to take up Thursday.

All urged Arizona Sens. John McCain and Jeff Flake to support the bill, and asked the public to contact their congressmen with the same request. Television ads urging the same action have also begun airing in Arizona.

Giffords made a short statement directed to Flake and McCain: “Please support background checks.”

The former lawmaker also repeated what she tells Kelly before going to therapy each day: “Fight, fight, fight.”

Kelly, speaking on behalf of his wife, explained why they consider the legislation important.

“It’s clear that the (Tucson) shooter had a history of mental illness, but he had access to a gun,” he said. “It is clear that this legislation could do a very common sense thing — to make it more difficult for criminals and the mentally ill to have access to a firearm.”

Loughner, who was diagnosed with mental illness, was sentenced by a federal judge last November to seven life sentences and 140 years for the shootings.

On Wednesday, Giffords hugged victims after they spoke in favor of the legislation, smiling and nodding throughout the press conference. Kelly held her hand and arm, keeping her upright as Giffords struggled at times to keep her balance.

“We know that background checks work,” said Pam Simon, a Giffords staffer and shooting victim. She echoed Kelly’s message that supporting the bill is a “common sense” first step.