44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO FIREWORKS LICENSING AND SAFETY; ALLOWING HEARINGS IN CASE OF SEVERE DROUGHT CONDITIONS; AMENDING A SECTION OF THE NMSA 1978; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 60-2C-8.1 NMSA 1978 (being Laws 1997, Chapter 17, Section 9) is amended to read:

"60-2C-8.1. EXTREME DROUGHT CONDITIONS--RESTRICTED SALE AND USE.--

A. The [state fire board] public regulation commission may hold a hearing to determine if fireworks restrictions should be imposed in all or a portion of the state affected by extreme or severe drought conditions. The findings of the [state fire board] public regulation commission shall be based on current drought indices published by the national weather service [and any other relevant information supplied by the U.S. forest service and the U.S. department of agriculture].

B. Pursuant to any hearing under [paragraph] Subsection A of this section, the [state fire board] public regulation commission shall issue a proclamation declaring an extreme or severe drought condition in all or a portion of the state if the [board] commission determines such conditions exist. The [state fire board's] public regulation commission's proclamation:

(1) shall ban the sale and use of missile-type rockets, helicopters, aerial spinners, stick-type rockets and ground audible devices within the affected drought area;

(2) shall give local governments the power to:

(a) limit the use within their jurisdictions of any fireworks not listed in Paragraph (1) of this subsection to areas that are paved or barren or that have a readily accessible source of water for use by the homeowner or the general public; and

(b) ban or restrict the sale or use of display fireworks; and

(3) may ban or restrict the use of any type of fireworks on state lands within the affected drought area.

C. The [state fire board's] public regulation commission's proclamation declaring an extreme or severe drought condition shall be issued [before] no less than twenty days prior to [any] a holiday for which fireworks may be sold.

D. [Except as otherwise provided in this subsection] A proclamation shall be effective for thirty days, and the [state fire board] public regulation commission may issue succeeding proclamations if extreme or severe drought conditions warrant. A proclamation may be modified or rescinded within its thirty-day period by the [state fire board] public regulation commission upon conducting an emergency hearing to determine if weather conditions [improve sufficiently to alleviate fire dangers] have improved."

Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.