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New Laws

Information about legistlation is available online at the Arizona League of Cities and Towns Web site, (http://www.azleague.org.)


New state laws have taken effect this year, but none received as much attention or sparked more controversy than the smoking ban, which began May 1.

Geared toward eliminating the effects of secondhand smoke on employees of bars and restaurants, the law prohibits smoking at all indoor businesses except for designated motel and hotel rooms, retail tobacco stores, fraternal clubs and tribal grounds, including local casinos. Smoking is allowed at outdoor patios with solid walls where smoke cannot drift into the main door, and areas that are 20 feet away from a door.

Enforcement depends on patrons calling the state hot line to report violations: 1-877-4-AZNOSMOKE (1-877-429-6676). The Yuma County Department of Public Health is responsible for educating the public about the law and for enforcing it. According to the state Web site, the fines for smoking are $500 per offense, and businesses could face up to $5,000 per violation.

A Web site with information on the law and guides for businesses can be found at www.smokefreearizona.org.

Another new law amends the state constitution to make English the official language of Arizona. Under the amendment that took effect Dec. 7, all official government action must be conducted in the English language. Representatives of state government must promote, protect and enhance the role of English as Arizona's official language.

Some other laws that may affect Yuma-area residents, according to the New Laws Report by the Arizona League of Cities and Towns, are:

oFines for violating traffic laws in school zones where signs are present have doubled. The court will treat failure to pay the additional assessment in the same manner as failing to pay the penalty.

oMotorized gas or electric bicycles or tricycles are exempted from vehicle registration and licensing requirements. Local entities may adopt ordinances regulating or prohibiting these vehicles if the ordinance does not require registration and licensing.

oA resident can now carry a firearm in the map pocket of a vehicle without a concealed weapons permit. The requirements to recognize Carry a Concealed Weapon (CCW) permits from other states have been expanded, and the refresher training requirement for CCW renewals has been repealed.

oThe Motor Vehicle Department must provide daily address updates on registered sex offenders to the Department of Public Safety. Sex offenders are required to sign an electronic fingerprint to a statement when registering with DPS. When a person from another jurisdiction is registering as a sex offender, the sheriff must obtain a DNA sample and send it to DPS.

If a sex offender fails to reregister, the law enforcement agency where the offender last lived must perform an investigation. The penalty for not reregistering every year has been increased from a Class 1 misdemeanor to a Class 6 felony.

oTheft of a vehicle engine or transmission, regardless of its worth, has been made a Class 4 felony. Buying, selling, transferring or possessing a motor vehicle part knowing the vehicle identification number has been removed is also a Class 4 felony. The definition of vehicle has been expanded to include any device that could transport people or property on highways, waterways or airways.

oThe length of time between driving under the influence (DUI) repeat offenses has increased from 60 to 84 months. A repeat DUI offense results in an aggravated DUI. Repeat DUI offenders must perform at least 30 hours of community restitution and other penalties. ·

oAny person convicted of three violent or aggravated felonies on separate occasions will now be imprisoned for life if the two earlier convictions have occurred within 15 years of the third. Anyone sentenced under this law is not eligible for suspension of sentence, probation, pardon or release but is eligible for a commutation after 35 years.