0001| SENATE BILL 195
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MICHAEL S. SANCHEZ
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO FIREWORKS; LIMITING THE SALE OR USE OF FIREWORKS
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0012| UNDER CERTAIN CIRCUMSTANCES; BANNING THE SALE OR USE OF BOTTLE
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0013| ROCKETS; CHANGING DUTIES PERTAINING TO RECORDS; DECLARING AN
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0014| EMERGENCY.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 60-2C-1 NMSA 1978 (being Laws 1989,
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0018| Chapter 346, Section 1) is amended to read:
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0019| "60-2C-1. SHORT TITLE. [Sections 1 through 11 of this
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act] Chapter 60, Article 2C NMSA 1978 may be cited as the
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0021| "Fireworks Licensing and Safety Act"."
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0022| Section 2. Section 60-2C-2 NMSA 1978 (being Laws 1989,
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0023| Chapter 346, Section 2, as amended) is amended to read:
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0024| "60-2C-2. DEFINITIONS.--As used in the Fireworks
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0025| Licensing and Safety Act:
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0001| [A. "aerial device" means a fireworks device that
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upon ignition propels itself or an insert a significant
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distance into the air, but does not include a firework that
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produces a shower of sparks;]
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0005| A. "bottle rocket" means a cylindrical tube with a
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0006| casing size of less than one-half of an inch for the outside
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0007| diameter and less than three and one-half inches in casing
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0008| length containing no more than twenty grams of chemical
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0009| composition with a wooden stick attached for guidance and
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0010| stability that rises into the air upon ignition and produces a
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0011| burst of color or sound at or near the height of flight;
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0012| B. "chaser" means a paper or cardboard tube venting
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0013| out the fuse end of the tube that contains no more than twenty
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0014| grams of chemical composition and travels along the ground,
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0015| producing a whistling effect or other noise; an explosive
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0016| composition not to exceed fifty milligrams may be included to
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0017| produce a report;
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0018| [B.] C. "chemical composition" includes all
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0019| pyrotechnic and explosive composition contained in a fireworks
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0020| device, but does not include inert materials such as clay used
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0021| for plugs or organic matter such as rice hulls used for density
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0022| control;
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0023| [C. "common fireworks" means any fireworks device
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suitable for use by the public that complies with the
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construction, performance, composition and labeling
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requirements promulgated by the United States consumer product
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safety commission in Title 16, C.F.R. and that is classified as
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a class C explosive by the United States department of
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transportation;]
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0005| D. "cone fountain" means a cardboard or heavy paper
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0006| cone containing no more than fifty grams of pyrotechnic
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0007| composition that has the same effect as a cylindrical fountain;
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0008| and when more than one cone is mounted on a common base, total
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0009| pyrotechnic composition shall not exceed two hundred grams;
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0010| E. "crackling device" means a sphere or paper tube
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0011| that contains no more than twenty grams of pyrotechnic
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0012| composition that produces a flash of light and a mild, audible
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0013| crackling effect upon ignition, which effect is not considered
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0014| to be an explosion; crackling devices are not subject to the
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0015| fifty-milligram limit of firecrackers;
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0016| F. "cylindrical fountain" means a cylindrical tube
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0017| containing not more than seventy-five grams of pyrotechnic
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0018| composition that produces a shower of colored sparks and
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0019| sometimes a whistling effect or smoke; the device may be
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0020| provided with a spike for insertion into the ground or a wood
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0021| or cardboard handle to be hand held; and when more than one
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0022| tube is mounted on a common base, total pyrotechnic composition
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0023| shall not exceed two hundred grams;
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0024| [D.] G. "display distributor" means any person,
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0025| firm or corporation selling [special] display fireworks;
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0001| H. "display fireworks" means devices primarily
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0002| intended for commercial displays that are designed to produce
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0003| visible or audible effects by combustion, deflagration or
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0004| detonation, including salutes containing more than one hundred
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0005| thirty milligrams of explosive composition; aerial shells
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0006| containing more than forty grams of chemical composition
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0007| exclusive of lift charge; and other exhibition display items
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0008| that exceed the limits for permissible fireworks;
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0009| [E.] I. "distributor" means any person, firm or
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0010| corporation selling fireworks to wholesalers and retailers for
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0011| resale;
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0012| [F.] J. "explosive composition" means any
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0013| chemical compound or mixture, the primary purpose of which is
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0014| to function by explosion, producing an audible effect in a
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0015| fireworks device;
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0016| K. "firecracker" means a small, paper-wrapped or
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0017| cardboard tube containing no more than fifty milligrams of
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0018| explosive composition that produces noise and a flash of light;
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0019| provided that firecrackers used in aerial devices may contain
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0020| up to one hundred thirty milligrams of explosive composition
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0021| per report;
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0022| [G. "firework"] L. "fireworks" means [any
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composition or device for the purpose of producing] devices
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0024| intended to produce a visible or audible effect by combustion,
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0025| deflagration or detonation [Fireworks are further classified
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in the Fireworks Licensing and Safety Act as common fireworks
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and special fireworks, as defined by the United States
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department of transportation, C.F.R. Title 49, transportation,
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parts 173.88(d) and 173.00(r)] and are categorized as
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0005| "permissible fireworks" or "display fireworks";
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0006| [H. "ground audible device" means a fireworks
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device intended to function on the ground that produces an
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audible effect;]
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0009| M. "flitter sparkler" means a narrow paper tube
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0010| attached to a stick or wire and filled with no more than five
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0011| grams of pyrotechnic composition that produces color and sparks
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0012| upon ignition and the paper at one end of the tube is ignited
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0013| to make the device function;
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0014| N. "ground spinner" means a small, rapidly spinning
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0015| device containing no more than twenty grams of pyrotechnic
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0016| composition venting out an orifice usually on the side of the
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0017| tube that when ignited produces a shower of sparks and color;
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0018| O. "helicopter" or "aerial spinner" means a tube
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0019| containing no more than twenty grams of chemical composition
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0020| with a propeller or blade attached that spins rapidly as it
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0021| rises into the air with a visible or audible effect produced at
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0022| or near the height of flight;
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0023| P. "illuminating torch" means a cylindrical tube
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0024| containing no more than one hundred grams of pyrotechnic
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0025| composition that produces a colored flame upon ignition and may
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0001| be spiked, based or hand held; and when more than one tube is
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0002| mounted on a common base, total pyrotechnic composition shall
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0003| not exceed two hundred grams;
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0004| [I.] Q. "manufacturer" means any person, firm
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0005| or corporation engaged in the manufacture of fireworks;
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0006| R. "mine" or "shell" means a heavy cardboard or
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0007| paper tube usually attached to a wooden or plastic base and
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0008| containing no more than forty grams of chemical composition
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0009| plus not more than twenty grams of lift charge that produces a
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0010| star effect and that contains components producing reports
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0011| containing
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0012| a maximum one hundred thirty milligrams of explosive
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0013| composition per report; a mine may contain more than one tube,
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0014| but the tubes must fire in sequence upon ignition of one
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0015| external fuse and the total chemical composition, including
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0016| lift charges, of a multiple tube device shall not exceed two
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0017| hundred grams;
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0018| S. "missile-type rocket" means a device similar to
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0019| a stick-type rocket in size, composition and effect that uses
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0020| fins rather than a stick for guidance and stability and that
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0021| contains no more than twenty grams of chemical composition;
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0022| [J.] T. "permissible fireworks" means fireworks
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0023| legal for sale to and use in New Mexico [under the
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provisions of the Fireworks Licensing and Safety Act] by the
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0025| general public that contain no more than two hundred grams of
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0001| total chemical composition;
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0002| [K.] U. "pyrotechnic composition" means a
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0003| chemical mixture [which] that on burning and without
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0004| explosion produces visible or brilliant displays or bright
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0005| lights or whistles or motion;
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0006| [L.] V. "retailer" means any person, firm or
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0007| corporation purchasing fireworks for resale to consumers;
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0008| [M. "special fireworks" means fireworks devices
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primarily intended for commercial displays which are designed
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to produce visible or audible effects by combustion,
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deflagration or detonation, including salutes containing more
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than one hundred thirty milligrams (two grains) of explosive
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composition, aerial shells containing more than forty grams of
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chemical composition exclusive of lift charge and other
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exhibition display items that exceed the limits contained in
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the Fireworks Licensing and Safety Act for common fireworks;]
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0017| W. "roman candle" means a heavy paper or cardboard
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0018| tube containing no more than twenty grams of chemical
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0019| composition that individually expels pellets of pressed
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0020| pyrotechnic composition that burn with bright color in a star
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0021| effect;
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0022| [N.] X. "specialty retailer" means any person,
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0023| firm or corporation purchasing permissible fireworks for
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0024| year-round resale in permanent retail stores whose primary
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0025| business is tourism; [and]
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0001| Y. "stick-type rocket" means a cylindrical tube
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0002| with a minimum casing size of one-half of an inch for the
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0003| outside diameter and a minimum casing length of three and one-
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0004| half inches containing no more than twenty grams of chemical
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0005| composition with a wooden stick attached for guidance and
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0006| stability that rises into the air upon ignition and produces a
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0007| burst of color or sound at or near the height of flight;
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0008| Z. "toy smoke device" means a small plastic or
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0009| paper item containing no more than one hundred grams of
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0010| pyrotechnic composition that produces white or colored smoke as
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0011| the primary effect;
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0012| AA. "wheel" means a pyrotechnic device that is made
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0013| to attach to a post or other surface that revolves, producing a
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0014| shower of color and sparks and sometimes a whistling effect,
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0015| and that may have one or more drivers, each of which contains
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0016| no more than sixty grams of pyrotechnic composition and the
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0017| total wheel contains no more than two hundred grams total
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0018| pyrotechnic composition; and
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0019| [O.] BB. "wholesaler" means any person, firm or
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0020| corporation purchasing fireworks for resale to retailers."
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0021| Section 3. Section 60-2C-3 NMSA 1978 (being Laws 1989,
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0022| Chapter 346, Section 3, as amended) is amended to read:
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0023| "60-2C-3. LICENSE OR PERMIT REQUIRED FOR SALE OF
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0024| FIREWORKS--ADMINISTRATION--PERMITS AND LICENSES.--
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0025| A. No person may sell, hold for sale, import,
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0001| distribute or offer for sale, as manufacturer, distributor,
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0002| wholesaler or retailer, any fireworks in this state unless such
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0003| person has first obtained the appropriate license or permit.
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0004| B. The state fire marshal shall enforce the
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0005| Fireworks Licensing and Safety Act. All license applications
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0006| shall be submitted to the office of the state fire marshal.
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0007| All retailers shall be required to purchase a retail fireworks
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0008| permit for each retail location. The retail permit may be
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0009| purchased from any licensed manufacturer, distributor or
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0010| wholesaler or from the state fire marshal's office. [These]
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0011| Retail permits may be purchased at any time by the licensed
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0012| manufacturer, distributor or wholesaler in books of [twenty]
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0013| ten permits per book from the state fire marshal. Permits
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0014| shall be numbered, and it shall be the responsibility of the
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0015| licensed manufacturer, distributor or wholesaler to keep
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0016| records of the purchases of these permits and to [submit these
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records to the state fire marshal semi-annually on January 31
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and July 31 of each year. Each semi-annual report is to cover
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the preceding six-month period] return books containing
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0020| duplicate copies of each issued permit to the state fire
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0021| marshal's office within a week of the time the last permit in
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0022| each book was issued. The
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0023| returned copies of each book shall be the official record of
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0024| retail permits sold. Retail permits [which] that are
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0025| unsold may be exchanged for new permits.
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0001| C. The state fire marshal shall appoint the
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0002| deputies and employees required to carry out the provisions of
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0003| the Fireworks Licensing and Safety Act. The state fire marshal
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0004| may also appoint any commissioned law enforcement officer or
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0005| duly appointed fire chief or his [designate] designee with
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0006| approval from the local governing body required to carry out
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0007| the provisions of that act.
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0008| D. The state fire board shall formulate, adopt,
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0009| promulgate and amend or revise rules and regulations for the
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0010| safe handling of fireworks."
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0011| Section 4. Section 60-2C-4 NMSA 1978 (being Laws 1989,
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0012| Chapter 346, Section 4, as amended) is amended to read:
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0013| "60-2C-4. LICENSE AND PERMIT FEES.--
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0014| A. An applicant for a license or permit under the
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0015| Fireworks Licensing and Safety Act shall pay to the state fire
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0016| marshal's office the following fees, which shall not be
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0017| refundable:
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0018| (1) manufacturer license . . . . . . $1,500;
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0019| (2) distributor license. . . . . . . 2,000;
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0020| (3) wholesaler license . . . . . . . 1,000;
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0021| (4) display distributor. . . . . . . 1,000;
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0022| (5) specialty retailer license . . . 750;
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0023| or
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0024| (6) retailer permit. . . . . . . . . 100.
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0025| B. All licenses and permits shall be issued for one
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0001| year beginning on February 1 of each year. All licenses and
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0002| permits shall be issued within thirty days from the date of
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0003| receipt of application, except that no application shall be
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0004| processed by the state fire marshal's office from [May 10]
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0005| June 10 through July 10 of each year.
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0006| C. Licenses issued under the Fireworks Licensing
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0007| and Safety Act shall not be restricted in number or limited to
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0008| any person without cause. Municipalities and counties may
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0009| require licenses or permits and reasonable fees, not to exceed
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0010| fifty dollars ($50.00), for the sale of fireworks.
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0011| D. Permit and license fees paid to the state fire
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0012| marshal's office shall be deposited in the fire protection fund
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0013| to be used by the state fire marshal to enforce and carry out
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0014| the provisions and purposes of the Fireworks Licensing and
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0015| Safety Act."
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0016| Section 5. Section 60-2C-7 NMSA 1978 (being Laws 1989,
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0017| Chapter 346, Section 7, as amended) is amended to read:
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0018| "60-2C-7. PERMISSIBLE FIREWORKS.--
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0019| A. Permissible fireworks [for sale to the
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general public as that term is used in the Fireworks Licensing
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and Safety Act shall be understood to mean common fireworks
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except stick-type rockets having a tube less than one-quarter
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inch inside diameter] are:
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0024| (1) ground and hand-held sparkling and smoke
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0025| devices:
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0001| (a) cone fountains;
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0002| (b) crackling devices;
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0003| (c) cylindrical fountains;
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0004| (d) flitter sparklers;
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0005| (e) ground spinners;
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0006| (f) illuminating torches;
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0007| (g) toy smoke devices; and
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0008| (h) wheels;
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0009| (2) aerial devices:
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0010| (a) aerial spinners;
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0011| (b) helicopters;
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0012| (c) mines;
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0013| (d) missile-type rockets; and
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0014| (e) roman candles;
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0015| (f) shells; and
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0016| (g) stick-type rockets;
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0017| (3) ground audible devices:
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0018| (a) chasers; and
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0019| (b) firecrackers.
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0020| B. Bottle rockets are not permissible fireworks.
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0021|
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0022| C. A municipality or county shall not by
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0023| ordinance regulate and prohibit the sale or use of any
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0024| permissible firework except aerial devices and ground audible
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0025| devices."
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0001| Section 6. Section 60-2C-8 NMSA 1978 (being Laws 1989,
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0002| Chapter 346, Section 8, as amended) is amended to read:
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0003| "60-2C-8. RETAIL SALES OR STORAGE OF FIREWORKS--REGULATED
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0004| ACTIVITIES.--
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0005| A. No fireworks may be sold at retail without a
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0006| retail permit. The permit shall be at the location where the
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0007| retail sale takes place.
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0008| B. It is unlawful to offer for sale or to sell any
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0009| fireworks to children under the age of [twelve] sixteen
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0010| years or to any intoxicated person.
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0011| C. At all places where fireworks are stored, sold
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0012| or displayed, the words "NO SMOKING" shall be posted in letters
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0013| at least four inches in height. Smoking, open flames and any
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0014| ignition source are prohibited within twenty-five feet of any
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0015| fireworks stock.
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0016| D. No fireworks shall be stored, kept, sold or
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0017| discharged within fifty feet of any gasoline pump or gasoline
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0018| bulk station or any building in which gasoline or volatile
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0019| liquids are sold in quantities in excess of one gallon, except
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0020| in stores where cleaners, paints and oils are handled in sealed
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0021| containers only.
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0022| E. All fireworks permittees and licensees shall
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0023| keep and maintain upon the premises a fire extinguisher bearing
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0024| an underwriters laboratories [inc.] incorporated rated
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0025| capacity of at least [5 lb.] five-pound ABC per five
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0001| hundred square feet of space used for fireworks sales or
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0002| storage.
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0003| F. A sales clerk who is at least sixteen years of
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0004| age shall be on duty to serve consumers at the time of purchase
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0005| or delivery. [All fireworks sold and shipped to consumers
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within New Mexico shall be sold and shipped only by an
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individual firm, partnership or corporation holding the proper
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New Mexico fireworks license or permit.] Permissible
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0009| fireworks may be offered for sale only at state-permitted or
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0010| state-licensed retail locations.
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0011| G. No fireworks shall be discharged within one
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0012| hundred fifty feet of any fireworks retail sales location.
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0013| H. No fireworks shall be sold or used on state
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0014| forest land.
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0015| [H.] I. No person shall ignite any fireworks
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0016| within a motor vehicle or throw fireworks from a motor vehicle,
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0017| nor shall any person place or throw any ignited article of
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0018| fireworks into or at a motor vehicle or at or near any person
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0019| or group of people.
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0020| [I.] J. Any fireworks devices that are readily
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0021| accessible to handling by consumers or purchasers in a retail
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0022| sales location shall have their exposed fuses protected in a
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0023| manner to protect against accidental ignition of an item by a
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0024| spark, cigarette ash or other ignition source. If the fuse is
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0025| a thread-wrapped safety fuse which has been coated with a
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0001| nonflammable coating, only the outside end of the safety fuse
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0002| shall be covered. If the fuse is not a safety fuse, then the
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0003| entire fuse shall be covered.
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0004| [J.] K. Permissible fireworks may be sold at
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0005| retail between June 20 and July 6 of each year and [three]
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0006| six days preceding and including new year's day and three
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0007| days preceding and including Chinese new year and Cinco de
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0008| Mayo of each year, except that permissible fireworks may be
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0009| sold all year in permanent retail stores whose primary business
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0010| is tourism.
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0011| L. All retail mail order sales of permissible
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0012| fireworks are prohibited."
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0013| Section 7. Section 60-2C-9 NMSA 1978 (being Laws 1989,
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0014| Chapter 346, Section 9, as amended) is amended to read:
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0015| "60-2C-9. [PUBLIC] DISPLAY [OF] FIREWORKS.--Nothing in
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0016| the Fireworks Licensing and Safety Act shall prohibit the
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0017| [public] display of display fireworks, except that any
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0018| individual, association, partnership, corporation,
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0019| organization, county or municipality shall secure a written
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0020| permit from the governing body of the county or municipality
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0021| where the [public] display is to be fired and the display
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0022| fireworks shall be purchased from a distributor or display
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0023| distributor licensed by the state fire marshal and the bureau
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0024| of alcohol, tobacco and firearms at the United States
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0025| department of the treasury."
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0001| Section 8. A new section of the Fireworks Licensing and
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0002| Safety Act is enacted to read:
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0003| "[NEW MATERIAL] NOVELTIES NOT FIREWORKS.--Novelties are
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0004| not fireworks and are not subject to the provisions of the
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0005| Fireworks Licensing and Safety Act. For the purposes of this
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0006| section, "novelties" means devices containing small amounts of
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0007| pyrotechnic or explosive composition that produce limited
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0008| visible or audible effects, including party poppers, snappers,
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0009| snakes, glowworms, sparklers or toy caps and devices intended
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0010| to produce unique visual or audible effects that contain
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0011| sixteen milligrams or less of explosive composition and limited
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0012| amounts of other pyrotechnic composition, including cigarette
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0013| loads, trick matches, explosive auto alarms and other trick
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0014| noisemakers."
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0015| Section 9. A new section of the Fireworks Licensing and
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0016| Safety Act is enacted to read:
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0017| "[NEW MATERIAL] EXTREME DROUGHT CONDITIONS--RESTRICTED
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0018| SALE AND USE.--
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0019| A. The state fire board may hold a hearing to
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0020| determine if fireworks restrictions should be imposed in all or
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0021| a portion of the state affected by extreme drought conditions.
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0022| The findings of the state fire board shall be based on current
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0023| drought indices published by the national weather service.
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0024| B. The state fire board may issue a proclamation
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0025| declaring an extreme drought condition in all or a portion of
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0001| the state. The state fire board's proclamation:
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0002| (1) shall ban the sale and use of missile-type
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0003| rockets, helicopters, aerial spinners, stick-type rockets and
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0004| ground audible devices within the affected drought area;
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0005| (2) shall give local governments the power to:
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0006| (a) limit the use within their
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0007| jurisdictions of any fireworks not listed in Paragraph (1) of
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0008| this subsection to areas that are paved or barren or that have
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0009| a readily accessible source of water for use by the homeowner
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0010| or the general public; and
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0011| (b) ban or restrict the sale or use of
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0012| display fireworks; and
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0013| (3) may ban or restrict the use of any type of
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0014| fireworks on state lands within the affected drought area.
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0015| C. The state fire board's proclamation declaring an
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0016| extreme drought condition shall be issued before:
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0017| (1) June 15 for the July 4 fireworks season;
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0018| or
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0019| (2) five days prior to any other holiday
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0020| selling period.
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0021| D. Except as otherwise provided in this subsection,
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0022| a proclamation shall be effective for thirty days, and the
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0023| state fire board may issue succeeding proclamations if extreme
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0024| drought conditions warrant. A proclamation may be modified or
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0025| rescinded within its thirty-day period if weather conditions
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0001| improve sufficiently to alleviate fire dangers."
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0002| Section 10. EMERGENCY.--It is necessary for the public
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0003| peace, health and safety that this act take effect immediately.
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0004| - 17 -
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997 SB 195/a
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0008|
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0009|
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0010| February 7, 1997
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0011|
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0012| Mr. President:
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0013|
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0014| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0015| referred
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0016|
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0017| SENATE BILL 195
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, amended as follows:
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0021|
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0022| 1. On page 14, line 23, after the first occurrence of
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0023| "year" insert ", the sixteenth of September",
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0024|
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0025| and thence referred to the JUDICIARY COMMITTEE.
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0001|
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0002| Respectfully submitted,
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0003|
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0004|
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0005|
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0006|
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0007| __________________________________
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0008| Shannon Robinson, Chairman
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0009|
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0010|
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0011|
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0012| Adopted_______________________ Not
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0013| Adopted_______________________
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016|
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0017| Date ________________________
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0018|
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0019|
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0020| The roll call vote was 7 For 0 Against
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0021| Yes: 7
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0022| No: 0
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0023| Excused: Ingle, Smith
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0024| Absent: None
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0025|
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0001|
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0002|
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0003|
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0004|
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0005| S0195PA1 .116372.1 State of New Mexico
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0006| House of Representatives
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0007|
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0008| FORTY-THIRD LEGISLATURE
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0009| FIRST SESSION, 1997
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0010|
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0011|
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0012| March 6, 1997
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0013|
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0014|
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0015| Mr. Speaker:
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0016|
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0017| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
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0018| been referred
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0019|
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0020| SENATE BILL 195, as amended
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0021|
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0022| has had it under consideration and reports same with
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0023| recommendation that it DO PASS.
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005| Fred Luna, Chairman
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0006|
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0007|
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0008| Adopted Not Adopted
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0009|
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012| Date
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0013|
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0014| The roll call vote was 8 For 0 Against
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0015| Yes: 8
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0016| Excused: Getty, Gubbels, Kissner, Olguin, J.G. Taylor
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0017| Absent: None
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0018|
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0019|
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0020| G:\BILLTEXT\BILLW_97\S0195
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