March 06--Even though it had bipartisan backing, and despite fresh memories of last summer's record-setting fire season, a bill to give state and local governments more authority to restrict fireworks turned out to be a big dud in the recent legislative session.
So what happened?
Did the fireworks industry spend enough money to kill the restrictions that Gov. Susana Martinez wanted? Or were arguments from the industry potent enough to persuade members of a Senate committee to table the bill?
"Here's an example of special interests and private gain trumping public health and safety," said Sen. Dede Feldman, D-Albuquerque, sponsor of Senate Bill 5.
Martinez expressed similar sentiments in a statement Wednesday, saying her office received "hundreds upon hundreds of phone calls from mayors, fire chiefs, community leaders, and concerned citizens who were worried about the possibility of fireworks wreaking havoc in communities that had already faced wildfire threats."
Said the governor: "We all hope and pray that we do not experience another fire season as dangerous as last year's, but if we do, New Mexicans can rightfully express disappointment that the special interest lobby prevailed among a small group of legislators in defeating a bill that would have helped to protect our homes, lands, and communities."
But Sen. Phil Griego, D-San Jose, chairman of the committee that effectively killed the bill, said, "This would have created havoc among small, independent businesses." Because of the way the bill was written, Griego said, "it would have stopped all fireworks sales in this state since 2006."
The bill, which was co-sponsored by Rep. Nate Gentry, R-Albuquerque, would have given the governor and local governments more power to prohibit fireworks when the National Fire Danger Rating System of the United States Forest Service determined there was "high, very high, or extreme" danger of fire. That rating system was too broad, Griego and other opponents argued.
The measure barely made it through Feldman's Public Affairs Committee. But Griego's Senate Corporations and Transportation Committee voted 6-4 to table the bill, effectively killing it. Three Republicans and three Democrats voted to table it.
Voting to table the bill were Griego; Sen. Bill Sharer, R-Farmington; Sen. George Munoz, D-Gallup; Sen. Mark Boitano, R-Albuquerque; Sen. Bill Burt, R-Alamogordo; and Sen. Tim Eichenberg, D-Albuquerque.
Three of those who voted to table SB 5 -- Griego, Sharer and Munoz -- received campaign contributions of $500 each from TNT Fireworks, the biggest fireworks company doing business in the state, just weeks before the session started.
However, Griego on Wednesday scoffed at the notion that the contribution had anything to do with his vote. "Of course not," he said. "Five hundred dollars? Give me a break. Five hundred dollars isn't going to change my vote on anything."
Another committee member who received a $500 check from TNT, Sen. David Ulibarri, D-Grants, voted against tabling the bill.
Campaign contributions from TNT are up from previous years, although the $7,500 in campaign contributions to legislators from TNT Fireworks is peanuts compared with the money dropped by other sectors like oil and gas, real estate and public sector unions in recent years.
Luke Otero, one of TNT's two lobbyists, said in an interview last week that the company, based in Fullerton, Calif., gave checks of $300 in late December to 10 members of the House of Representatives and $500 each to a total of nine senators.
Otero said the same contributions are listed in the report of Anthony "T.J." Trujillo, the other lobbyist hired by TNT's parent company, American Promotional Events.
In the 2010 election cycle, American Promotional reported spending $4,400 in campaign contributions to legislators. That's about average for the company's New Mexico contributions for the past 10 years.
In addition to the campaign contributions, Otero reported spending $1,439 on meals with various legislators in 2011, while Trujillo reported spending $3,881 on meals with lawmakers last year.
Otero's report itemized the meals. One at the Rio Chama Steakhouse on Oct. 4 included Griego and Ulibarri as well as two other senators not on any committee that considered SB 5 (total cost $240). Another, at the Pink Adobe on Oct. 18, included Griego and a House member (total cost $84). Otero treated Munoz and another senator to lunch at the Palace on Sept. 19, during last year's special session (total cost $140).
Trujillo's report didn't itemize the money he spent on meals for legislators.
Neither report makes it clear how much time during the meals -- if any -- was spent discussing fireworks legislation. Both Otero and Trujillo are contract lobbyists with several other clients. For instance, Otero also represents companies like Chevron, the RAI (formerly R.J. Reynolds) tobacco company and El Paso Electric. Trujillo's clients also include Occidental Petroleum, BP America and New Mexico Dairy Producers.
Another fireworks business, Diablo Fireworks of Anthony, N.M., also hired lobbyists for the 2012 session. However, both DomonicAnne Constable 02/28/2012 cq Silva and Dave Kendle -- who also are contract lobbyists with several clients -- reported that they made no campaign contributions for the company last year.
Asked whether campaign contributions had anything to do with sinking the bill, Otero said no.
"I think it had more to do with the testimony of the vendors," he said, referring to several people in the fireworks business who told the Senate committees that the bill would have done serious damage to their livelihoods. "These were small New Mexico businesses that would be hurt," Otero said.
Both he and Griego noted that fireworks didn't cause the Las Conchas Fire or other major fires last summer. However, Feldman said that a major fire in the bosque in Albuquerque in 2003 was caused by fireworks.
Otero and Griego also said lawmakers were influenced by the argument that the most dangerous fireworks are sold on Indian land and they wouldn't be affected by the proposed law. Fireworks merchants on non-Indian lands are limited by state law to low-key fireworks such as fountains, sparklers and smoke bombs.
Griego had introduced a bill that would have allowed local governments -- but not the governor -- to have more power to restrict fireworks. But his bill never was heard. He said the Legislature needs to study the issue more in the interim between sessions.
But Feldman said she's afraid the window of opportunity has closed because, "It usually takes some kind of public crisis to pass something like this." If the Legislature couldn't pass it after a summer of terrible fires, it might not happen for many years."
Contact Steve Terrell at 986-3037 or [email protected]. Read his political blog at roundhouseroundup.com.
Copyright 2012 - The Santa Fe New Mexican
