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

RELATING TO FIREWORKS SAFETY; PROVIDING PROCEDURES FOR DETERMINING IF EXTREME OR SEVERE DROUGHT CONDITIONS EXIST; REDUCING THE AMOUNT OF THE LICENSE OR PERMIT FEE THAT MAY BE CHARGED BY MUNICIPALITIES OR COUNTIES.

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

Section 1. Section 60-2C-4 NMSA 1978 (being Laws 1989, Chapter 346, Section 4, as amended) is amended to read:

"60-2C-4. LICENSE AND PERMIT FEES.--

A. An applicant for a license or permit under the Fireworks Licensing and Safety Act shall pay to the state fire marshal's office the following fees, which shall not be refundable:

(1) manufacturer license . . . . . . $1,500;

(2) distributor license. . . . . . . 2,000;

(3) wholesaler license . . . . . . . 1,000;

(4) display distributor license. . . 1,000;

(5) specialty retailer license . . . 750; or

(6) retailer permit. . . . . . . . . 100.

B. All licenses and permits shall be issued for one year beginning on February 1 of each year. All licenses and permits shall be issued within thirty days from the date of receipt of application, except that no application shall be processed during [each] any holiday selling period in which permissible fireworks may be sold.

C. Licenses issued [under] pursuant to provisions of the Fireworks Licensing and Safety Act shall not be restricted in number or limited to any person without cause. Municipalities and counties may require licenses or permits and reasonable fees, not to exceed [fifty dollars ($50.00)] twenty-five dollars ($25.00), for the sale of fireworks.

D. Permit and license fees paid to the state fire marshal's office shall be deposited in the fire protection fund to be used by the state fire marshal to enforce and carry out the provisions and purposes of the Fireworks Licensing and Safety Act."

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

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

A. The [state fire board] governing body of a municipality may hold a hearing to determine if fireworks restrictions should be imposed [in all or a portion of the state] within the boundaries of the incorporated municipality affected by extreme or severe drought conditions. The findings of the [state fire board] governing body 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] governing body of a municipality shall issue a proclamation declaring [an extreme drought condition in all or a portion of the state if the board] extreme or severe drought conditions within the boundaries of the incorporated municipality if the governing body determines such conditions exist. The [state fire board's] governing body'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; and

(2) shall give [local governments] the governing body the power to:

(a) limit the use within [their jurisdictions] its jurisdiction 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] municipal governing body'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 municipal governing body's proclamation shall be effective for thirty days and the [state fire board] governing body 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] governing body upon conducting an emergency hearing to determine if weather conditions [improve] have improved sufficiently to alleviate fire dangers.

E. The governing body of a county may hold a hearing to determine if fireworks restrictions should be imposed within the unincorporated portions of the county affected by extreme or severe drought conditions. The findings of the governing body shall be based on current drought indices published by the national weather service.

F. Pursuant to any hearing under Subsection E of this section, the governing body of a county shall issue a proclamation declaring extreme or severe drought conditions within the unincorporated portions of the county if the governing body determines such conditions exist. The governing body'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; and

(2) shall give the governing body the power to:

(a) limit the use within its jurisdiction 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.

G. The county governing body's proclamation declaring an extreme or severe drought condition shall be issued no less than twenty days prior to a holiday for which fireworks may be sold.

H. Except as otherwise provided in this subsection, a proclamation shall be effective for thirty days, and the county governing body 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 governing body upon conducting an emergency hearing to determine if weather conditions have improved sufficiently to alleviate fire dangers.

I. The energy, minerals and natural resources department may hold a hearing to determine if fireworks restrictions should be imposed in all or a portion of state lands affected by extreme or severe drought conditions. The findings of the department shall be based on current drought indices published by the national weather service.

J. Pursuant to any hearing under Subsection I of this section, the energy, minerals and natural resources department shall issue a proclamation declaring extreme or severe drought conditions in all or a portion of state lands if the department determines such conditions exist. The department's proclamation may ban or restrict the use of any type of fireworks on state lands within the affected drought area.

K. The energy, minerals and natural resources department's proclamation declaring an extreme or severe drought condition shall be issued no less than twenty days prior to a holiday for which fireworks may be sold.

L. Except as otherwise provided in this subsection, a proclamation shall be effective for thirty days, and the energy, minerals and natural resources department 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 department upon conducting an emergency hearing to determine if weather conditions have improved sufficiently to alleviate fire dangers."