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SB 094: ADD FIREWORKS THAT MAY BE BANNED

An Act Relating To Public Safety; Amending The Fireworks Licensing And Safety Act To Add Fireworks That May Be Banned; Declaring An Emergency

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MOD SB 094
ADD FIREWORKS THAT MAY BE BANNED

Legislative URL:
SB 094 on nmlegis.gov
Emergency Clause:
Yes
Germane:
Yes
Location:
S Flr
Action:
SPREF [2] SCC/SPAC/SCORC-SCC-germane-SPAC [4] DP-SCORC [10] DP/a API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
SCC Committee Report
SPAC Committee Report
SCORC Committee Report
Fiscal Impact Report
Summary

The bill adds “exceptional” to level of drought conditions (in addition to the current extreme or severe) during which a municipality or county may hold a hearing on possible fireworks restrictions. It also changes the drought indices and information upon which the municipality or county will make its findings from those of the National Weather Service and the U.S. Forest Service to those from the U.S. Drought Monitor (http://droughtmonitor.unl.edu/AboutUSDM.aspx) and the Southwest Coordination Center (http://gacc.nifc.gov/swcc/). And, by substituting “aerial devices” for a specific list of a handful of named fireworks, the bill provides greater flexibility in the devices that may be banned.

 

The bill allows the Forestry Division (FD) of the Energy, Minerals and Natural Resources Department to restrict or ban the sale of fireworks upon the request of a municipality or county by emergency rule when extreme fire danger exists within the jurisdiction making the request. The emergency rules will require the Governor’s approval and will be valid for 30 days, unless modified or rescinded earlier. The FD must request any adjacent Indian jurisdictions to adopt the same or similar restrictions.

 

This bill appears to be positive step forward for local government and the State in terms of protecting land and people from wildlife danger. A possible question is whether it could or should go further.

 

Date of Summary:  1/20/2014

Outcome:

SB 094 died on the Senate Floor Calendar.

 

Updated 7/31/14