FIREWORKS BANS, VIOLATIONS & FINES

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

(c) 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. 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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