HB0155

HOUSE BILL 155

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Meredith A. Dixon and Joy Garratt and Anthony L. Thornton

AN ACT

RELATING TO FIREWORKS; AMENDING AND ENACTING SECTIONS OF THE FIREWORKS LICENSING AND SAFETY ACT; EXPANDING THE ABILITY OF A GOVERNING BODY OF A MUNICIPALITY OR COUNTY TO RESTRICT THE SALE OR USE OF FIREWORKS BASED ON CERTAIN WEATHER OR ENVIRONMENTAL CONDITIONS; EMPOWERING THE STATE FIRE MARSHAL TO PROHIBIT THE SALE OR USE OF FIREWORKS BASED ON CERTAIN WEATHER OR ENVIRONMENTAL CONDITIONS; INCREASING EXISTING CRIMINAL PENALTIES; MAKING IT A CRIME TO VIOLATE AN ORDER ISSUED BY THE STATE FIRE MARSHAL AND PRESCRIBING PENALTIES; PROVIDING THAT A VIOLATION OF AN ORDER ISSUED BY THE STATE FIRE MARSHAL MAY RESULT IN THE REVOCATION OR SUSPENSION OF A LICENSE OR PERMIT ISSUED PURSUANT TO THE FIREWORKS LICENSING AND SAFETY ACT; PROVIDING THAT THE RESIDENT, OWNER OR OCCUPIER OF A PRIVATE PROPERTY WHO ALLOWS A PERSON TO USE FIREWORKS ON THE PRIVATE PROPERTY IN VIOLATION OF THE FIREWORKS LICENSING AND SAFETY ACT OR AN ORDER ISSUED BY THE STATE FIRE MARSHAL IS SUBJECT TO A CIVIL FINE; MAKING CONFORMING AMENDMENTS; MAKING APPROPRIATIONS.

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, as amended) is amended to read:

"60-2C-8.1. MUNICIPAL OR COUNTY GOVERNING BODY DETERMINATION OF EXTREME OR SEVERE DROUGHT OR OTHER DANGEROUS WEATHER OR ENVIRONMENTAL CONDITIONS--[RESTRICTED] PROCLAMATION RESTRICTING SALE AND USE.--

A. The governing body of a municipality or county may hold a hearing to determine if fireworks restrictions should be imposed within the [boundaries of the incorporated municipality affected by] governing body's jurisdiction if extreme or severe drought or other dangerous weather or environmental conditions exist. The [findings] determination of the governing body shall be based on current drought indices published by the national weather service [and any other], relevant information [supplied] provided by the United States forest service or relevant information provided by the energy, minerals and natural resources department, department of environment or homeland security and emergency management department.

B. [Pursuant to any hearing under Subsection A of this section, the] If a governing body of a municipality [shall issue a proclamation declaring] or county holds a hearing and determines that extreme or severe drought or other dangerous weather or environmental conditions [within the boundaries of the incorporated municipality if the governing body determines such conditions] exist, the governing body may issue a proclamation declaring such conditions and restricting the sale or use of permissible fireworks. The [governing body's] proclamation may:

(1) [shall ban] prohibit the sale [and] or use of missile-type rockets, helicopters, aerial spinners, stick-type rockets [and] or 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;

[(b) ban] (3) prohibit the use of all permissible fireworks within wildlands in [its] the governing body's jurisdiction, after consultation with the state forester; and

[(c) ban or restrict] (4) prohibit or limit the sale or use of display fireworks.

C. [The municipal] A 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. The proclamation shall explain restrictions on the sale or use of fireworks and permitted sales or uses of fireworks as applicable.

D. A [municipal] governing body's proclamation shall be effective for thirty days, and the governing body may issue succeeding proclamations if extreme or severe drought or other dangerous weather or environmental 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 or environmental conditions have [improved] changed.

[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 and any other relevant information supplied by the United States forest 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;

(b) ban the use of all fireworks within wildlands in its jurisdiction, after consultation with the state forester; and

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. The proclamation shall explain restrictions on the sale or use of fireworks and permitted sales or uses of fireworks.

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.]"

SECTION 2. A new section of the Fireworks Licensing and Safety Act, Section 60-2C-8.2 NMSA 1978, is enacted to read:

"60-2C-8.2. [NEW MATERIAL] PROHIBITION OF PERMISSIBLE FIREWORKS BY THE STATE FIRE MARSHAL.--

A. The state fire marshal may prohibit the sale or use of permissible fireworks or display fireworks upon making a determination that extreme or severe drought or other dangerous weather conditions exist or that lives or property would otherwise be threatened by the use of permissible fireworks or display fireworks.

B. If the state fire marshal makes a determination to prohibit the sale or use of permissible fireworks or display fireworks, the state fire marshal shall issue a written order that declares the conditions or threats that make the prohibition necessary, specifies the scope, location and duration of the prohibition and provides adequate notice that a person who violates the order shall be subject to the criminal or civil penalties provided for in the Fireworks Licensing and Safety Act. The state fire marshal's order may prohibit the sale or use of certain permissible fireworks or display fireworks or all permissible fireworks or display fireworks and may be applicable statewide, to a county or collection of counties or to portions of a county.

C. An order that prohibits the sale of permissible fireworks shall be issued no less than twenty days prior to a holiday for which fireworks may be sold. An order that prohibits only the use of permissible fireworks or display fireworks may be issued at any time. All orders issued pursuant to this section shall be effective for no more than thirty days and may be modified or rescinded. The state fire marshal may issue succeeding orders in accordance with this section.

D. An order issued by the state fire marshal pursuant to this section shall preempt any conflicting proclamation issued by the governing body of a municipality or county issued pursuant to Section 60-2C-8.1 NMSA 1978."

SECTION 3. Section 60-2C-10 NMSA 1978 (being Laws 1989, Chapter 346, Section 10) is amended to read:

"60-2C-10. PENALTY--CRIMINAL.--

A. [Any individual, firm, partnership or corporation that] A person who violates [any] a provision of the Fireworks Licensing and Safety Act is guilty of a misdemeanor and upon a first or second conviction shall be punished by a fine of not more than one thousand dollars ($1,000), [or] imprisonment for not more than one year, or both.

B. A person who violates an order prohibiting the sale or use of permissible fireworks or display fireworks issued by the state fire marshal pursuant to Section 60-2C-8.2 NMSA 1978 is guilty of a petty misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), imprisonment for a definite term not to exceed six months, or both.

[B.] C. Nothing in the Fireworks Licensing and Safety Act shall apply to or prohibit [any] employees of the department of [game and fish] wildlife or the United States fish and wildlife service from possessing fireworks for control of game birds and animals or to prohibit [any] a law enforcement officer from possessing fireworks in the performance of [his] the officer's duties or to prohibit [any] a municipality or civic organization [therein] from sponsoring and conducting in connection with [any] a public celebration an officially supervised and controlled fireworks display."

SECTION 4. Section 60-2C-11 NMSA 1978 (being Laws 1989, Chapter 346, Section 11) is amended to read:

"60-2C-11. PENALTY--CIVIL.--

A. If a person is found guilty of violating any of the provisions of the Fireworks Licensing and Safety Act or an order issued by the state fire marshal pursuant to Section 60-2C-8.2 NMSA 1978, that person's license or permit may be revoked or suspended by the state fire marshal [his] or the state fire marshal's deputies or designees.

B. If the resident, owner or occupier of a private property allows a person to use fireworks on the private property and the person's use of fireworks violates the Fireworks Licensing and Safety Act or an order issued by the state fire marshal pursuant to Section 60-2C-8.2 NMSA 1978, the resident, owner or occupier shall be subject to a fine of:

(1) one thousand dollars ($1,000) for a first violation;

(2) two thousand five hundred dollars ($2,500) for second violation; and

(3) five thousand dollars ($5,000) for a third or subsequent violation.

[B.] C. No individual, firm, corporation or partnership shall possess [any] fireworks for sale within New Mexico, other than those authorized in the Fireworks Licensing and Safety Act. The state fire marshal [his] or the state fire marshal's deputies or designees may at reasonable hours enter and inspect the permittee's premises, building, mobile or motor vehicle or temporary or permanent structure to determine compliance with the Fireworks Licensing and Safety Act. If [any] a retailer has in [his] the retailer's possession any fireworks in violation of that act, [his] the retailer's permit shall be revoked and all [such] fireworks in violation seized [and the fireworks shall be kept to be used as evidence]. If [any] a person has in [his] the person's possession any fireworks in violation of that act, a warrant may be issued for the seizure of fireworks, [and the fireworks shall be safely kept to be used as evidence] unless a lawful exception to the warrant requirement applies under the circumstances. All fireworks seized pursuant to this section shall be safely kept as evidence.

D. Upon conviction of the offender, the fireworks shall be destroyed, but if the offender is discharged, the permissible fireworks shall be returned to the person in whose possession they were found; provided, however, that nothing in the Fireworks Licensing and Safety Act applies to the transportation of fireworks by regulated carriers."

SECTION 5. APPROPRIATIONS.--

A. The following amounts are appropriated from the general fund to the following entities for expenditure in fiscal years 2026 and 2027:

(1) five hundred thousand dollars ($500,000) to the state fire marshal's office for a statewide public awareness campaign to prevent the use of illegal fireworks; and

(2) two hundred fifty thousand dollars ($250,000) to the department of public safety to support local law enforcement agencies with surveillance technology to prevent the use of illegal fireworks.

B. Any unexpended balances remaining at the end of fiscal year 2027 shall revert to the general fund.

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