FORTY-EIGHTH LEGISLATURESB 267 /a

FIRST SESSION, 2007

February 2, 2007

Madam President:

    Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred

SENATE BILL 267

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 1, line 17, after the semicolon insert "ALLOWING FOR A REPLACEMENT PERMIT FEE;".

    2. On page 10, between lines 6 and 7, insert the following new section:

    "Section 3. 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; or

             (7) replacement permit . . . . . . . 20.

         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 any holiday selling period in which permissible fireworks may be sold.

         C. Licenses issued 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 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."

    3. Renumber the succeeding sections accordingly.

    4. On page 11, lines 14 and 15, strike "are not permissible fireworks".

    5. On page 13, line 5, after "employed" insert "or volunteering" and after "at" insert "temporary".,

and thence referred to the CORPORATIONS AND TRANSPORTATION COMMITTEE.

                               Respectfully submitted,

                               __________________________________

                               Dede Feldman, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 5 For 1 Against

Yes:      5

No:       Feldman

Excused: Garcia, Ingle, Ortiz y Pino

Absent:   None

SB0267PA1                                                  .166676.1