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SENATE BILL 137
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Michael Padilla
AN ACT
RELATING TO COMMUNICATIONS; RENAMING THE ENHANCED 911 ACT AS
THE 911 ACT; RENAMING THE ENHANCED 911 FUND AS THE 911
EMERGENCY SERVICE FUND; RENAMING THE ENHANCED 911 BOND ACT AS
THE 911 BOND ACT; UPDATING DEFINITIONS; INCREASING THE 911
SURCHARGE; UPDATING THE USES OF THE 911 SURCHARGE; EXPANDING
GRANT FUNDING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 63-9D-1 NMSA 1978 (being Laws 1989,
Chapter 25, Section 1, as amended) is amended to read:
"63-9D-1. SHORT TITLE.--Sections 63-9D-1 through
63-9D-11.1 NMSA 1978 may be cited as the "[Enhanced ] 911 Act"."
SECTION 2. Section 63-9D-2 NMSA 1978 (being Laws 1989,
Chapter 25, Section 2, as amended) is amended to read:
"63-9D-2. FINDINGS AND PURPOSE.--
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A. The legislature finds that:
(1) isolated people, the elderly, the young
and victims of crime are often at risk and without help;
(2) children, elderly persons and victims of
crime are frequently unable to explain directions to the
location of an emergency situation;
(3) life-threatening accidents, fires, crimes
and natural disasters occur in the state each year;
(4) [an enhanced] a 911 telephone emergency
system provides:
(a) expansion of the benefits of the
basic 911 emergency telephone number;
(b) faster response time, which
minimizes the loss of life and property;
(c) automatic routing to the appropriate
emergency response unit;
(d) immediate visual display of the
location and telephone number of the caller; [and ]
(e) curtailment of abuses of the
emergency system by documenting callers; and
(f) enhanced capabilities through next
generation 911, including: 1) the ability to process emergency
communications through voice, text, video and data, increasing
accessibility for all residents; 2) improved accuracy and
efficiency in emergency response due to advanced geographic
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system capabilities and internet-protocol-based technologies;
and 3) greater system resilience and redundancy to ensure
continuous operation during emergencies; and
(5) New Mexico communities could make
efficient use of the [enhanced ] 911 telephone emergency system
if the communities had adequate funding available.
B. It is the purpose of the [Enhanced ] 911 Act to
further the public interest and protect the safety, health and
welfare of the people of New Mexico by enabling the
development, installation and operation of [enhanced ] 911
emergency reporting systems, including next generation 911 and
advancing 911 technologies , to be operated under shared state
and local governmental management and control."
SECTION 3. Section 63-9D-3 NMSA 1978 (being Laws 1989,
Chapter 25, Section 3, as amended) is amended to read:
"63-9D-3. DEFINITIONS.--As used in the [Enhanced ] 911
Act:
A. "911 call" means any real-time communication,
message, signal or transmission between a person needing
assistance and a public safety answering point call-taker by
dialing 9-1-1 or its equivalent;
B. "911 equipment" means the public safety
answering point equipment directly related to the operation of
a 911 system, including automatic number identification or
automatic location identification controllers and display
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units, printers, logging recorders and software associated with
call detail recording, call center work stations, training,
latitude and longitude base station or cell site location data,
next generation 911 core services and components, such as the
emergency services internet protocol network, location
information servers, policy routing functions, border control
functions and other cybersecurity functions and geographic
information system equipment necessary to obtain and process
locational map and emergency service zone data for a 911 call;
[B.] C. "911 service area" means the area
designated by the fiscal agent, local governing body or the
division to receive [enhanced ] 911 service;
D. "911 surcharge" means the monthly charge and
prepaid wireless surcharge assessed on each access line in the
state, on each active number for a commercial mobile radio
service subscriber and on the number of voice-over-internet
protocol lines for which the voice-over-internet protocol
service provider enables the capacity for simultaneous calls,
regardless of actual usage, to be connected to the public
switched telephone network during the period for which the
fixed charge is imposed for a voice-over-internet protocol
service subscriber in New Mexico and the charge assessed on any
other consumer purchase of communication service provided by a
communications service provider that enables communication
between a person needing assistance and a public safety
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answering point call-taker by dialing 9-1-1 or its equivalent;
provided that a 911 surcharge shall not be assessed on the
provision of broadband internet access service;
E. "911 system" means an integrated system or
database that manages emergency calls and dispatches resources,
including technological and procedural components involved in
receiving, processing and responding to 911 calls and
coordinating field responders;
[C.] F. "access line" means a telecommunications
company's line that has the capability to reach local public
safety agencies by dialing 911, but does not include a line
used for the provision of interexchange services or commercial
mobile radio service;
[D.] G. "commercial mobile radio service" means
service provided by a wireless real-time two-way voice
communication device, including:
(1) radio-telephone communications used in
cellular telephone service;
(2) the functional or competitive equivalent
of radio-telephone communications used in cellular telephone
service;
(3) a personal communications service; or
(4) a network radio access line;
[E.] H. "commercial mobile radio service provider"
means a person who provides commercial mobile radio services,
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including a person who purchases commercial mobile radio
service from a provider and resells that service;
[F.] I. "commission" means the public regulation
commission;
[G.] J. "communication service" means [any ] a
service that:
(1) is capable of and required by law to
access, connect with or interface with the [enhanced ] 911
system by directly dialing, initializing or otherwise
activating the [enhanced ] 911 system regardless of the
transmission medium or technology employed; and
(2) provides or enables real-time or
interactive communication;
[H.] K. "communications service provider" means any
entity that provides communication services;
[I.] L. "database" means information that is
collected, formatted and disseminated and that is necessary for
the functioning of the [enhanced ] 911 system, including
geographic information system [(GIS) ] addressing and digital
mapping information;
[J.] M. "department" means the taxation and revenue
department;
[K.] N. "division" means the local government
division of the department of finance and administration;
[L. "enhanced 911 surcharge" means the monthly
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uniform charge assessed on each access line in the state, on
each active number for a commercial mobile radio service
subscriber and on the number of VoIP lines for which the VoIP
service provider enables the capacity for simultaneous calls,
regardless of actual usage, to be connected to the public
switched telephone network during the period for which the
fixed charge is imposed for a VoIP service subscriber in New
Mexico and the charge assessed on any other consumer purchase
of communication service provided by a communications service
provider that enables communication between a person needing
assistance and a public safety answering point call-taker by
dialing 9-1-1 or its equivalent; provided that an enhanced 911
surcharge shall not be assessed on the provision of broadband
internet access service;
M. "enhanced 911 system" means regardless of the
technology used, a landline, wireless, NG-911 or ESInet system
consisting of network switching equipment, database, mapping
and on-premises equipment, or the functional equivalent
thereof, that uses the single three-digit number 911 for
reporting police, fire, medical or other emergency situations,
thereby enabling a caller to reach a public safety answering
point to report emergencies by dialing 911, and includes the
capability to:
(1) selectively route incoming 911 calls to
the appropriate public safety answering point operating in a
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911 service area;
(2) automatically display the name, address
and telephone number of an incoming 911 call on a video monitor
at the appropriate public safety answering point;
(3) provide one or more access paths for
communications between users at different geographic locations
through a network system that may be designed for voice, text
or data, or any combination of these, and may feature limited
or open access and may employ appropriate analog, digital
switching or transmission technologies;
(4) relay to a designated public safety
answering point a 911 caller's number and base station or cell
site location and the latitude and longitude of the 911
caller's location in relation to the designated public safety
answering point; and
(5) manage or administer the functions listed
in Paragraphs (1) through (4) of this subsection;
N. "enhanced 911 equipment" means the public safety
answering point equipment directly related to the operation of
an enhanced 911 system, including automatic number
identification or automatic location identification controllers
and display units, printers, logging recorders and software
associated with call detail recording, call center work
stations, training, latitude and longitude base station or cell
site location data, and GIS equipment necessary to obtain and
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process locational map and emergency service zone data for
landline and wireless callers; ]
O. "emergency services internet protocol network"
means an internet-protocol-based, multipurpose inter-network
supporting local, regional, state and national public safety
communications services in addition to 911;
[O.] P. "equipment supplier" means a person who
provides or offers to provide communications equipment
necessary [for the establishment of enhanced ] to establish 911
services;
[P. "ESInet" means "emergency services internet
protocol network", an internet-protocol-based, multipurpose
inter-network supporting local, regional, state and national
public safety communications services in addition to 911; ]
Q. "fiscal agent" means the local governing body
that administers grants from the fund for a given locality or
region by agreement;
R. "fund" means the [enhanced ] 911 emergency
service fund;
S. "local governing body" means the board of county
commissioners of a county or the governing body of a
municipality [as defined in the Municipal Code ];
T. ["NG-911"] "next generation 911" means a ["next
generation 911"] system consisting of network, hardware,
software, data and operational policies and procedures that:
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(1) provides standardized interfaces from call
and message services;
(2) processes all types of emergency calls,
including non-voice (multimedia) messages;
(3) acquires and integrates additional data
useful to call routing and handling;
(4) delivers the calls, messages and data to
appropriate public safety answering points and other
appropriate emergency entities;
(5) supports data and communications needs for
coordinated incident response and management; and
(6) provides a secure environment for
emergency communications;
U. "proprietary information" means customer lists,
customer counts, technology descriptions or trade secrets,
including the actual or development costs of individual
components of [an enhanced ] a 911 system, [provided that such ]
if the information is designated as proprietary by the
communications service provider. [and provided further that ]
"Proprietary information" does not include individual payments
made by the division or any list of names and identifying
information of subscribers who have not paid the surcharge;
V. "public safety answering point" means a twenty-
four-hour local communications facility that receives 911
service communications and directly dispatches emergency
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response services or that relays communications to the
appropriate public or private safety agency;
W. "secondary public safety answering point" means
a facility that receives 911 calls from the primary public
safety answering point of which the facility is not the initial
point of contact for 911 calls but provides additional services
or information in support of the primary public safety
answering point and includes facilities within Indian nations,
tribes and pueblos located wholly within the state;
[W.] X. "subscriber" means a person who purchases
communication services at retail from a communications service
provider that are capable of originating a 911 communication;
[X.] Y. "surcharge" means the 911 emergency
surcharge;
[Y.] Z. "surcharge collected" means the amount of
enhanced 911 surcharge billed or received or deemed to have
been received by the seller or provider, consistent with the
seller's or provider's method of accounting, including accrual
or cash;
[Z.] AA. "telecommunications company" means a
person [who] that provides [wire] telecommunications services
that are capable of originating a 911 communication;
[AA.] BB. "vendor" means a person that provides 911
equipment, service or network support;
[BB. "VoIP" means interconnected ] CC. "voice-over-
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internet protocol service" [as defined in the Code of Federal
Regulations, Title 47, Part 9, Section 9.3, as amended; and ]
means a service that:
(1) enables real-time, two-way voice
communications;
(2) requires a broadband connection from the
user's location;
(3) requires internet protocol-compatible
customer premises equipment; and
(4) allows users generally to receive calls
that originate on the public switched telephone network and to
terminate calls to the public switched telephone network; and
[CC. "VoIP service provider" or interconnected ] DD.
"voice-over-internet protocol service provider" means an entity
that provides interconnected voice-over-internet protocol
service to end users."
SECTION 4. Section 63-9D-4 NMSA 1978 (being Laws 1989,
Chapter 25, Section 4, as amended) is amended to read:
"63-9D-4. PROVISION FOR [ENHANCED ] 911 SERVICES BY LOCAL
GOVERNING BODIES--[ENHANCED ] 911 SYSTEM COSTS--PAYMENT OF
COSTS--JOINT POWERS AGREEMENTS--AID OUTSIDE JURISDICTIONAL
BOUNDARIES.--
A. A local governing body, [or ] a consortium of
local governing bodies or a primary or secondary public safety
answering point may incur costs for the purchase, lease,
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installation or maintenance of [enhanced ] 911 equipment and
training necessary for the establishment of [an enhanced ] a 911
system and may pay such costs through disbursements from the
fund; provided that the local governing body, primary or
secondary public safety answering point has employed properly
trained staff in its public safety answering point pursuant to
the Public Safety Telecommunicator Training Act.
B. If the [enhanced] 911 system is to be provided
for territory that is included in whole or in part in the
jurisdiction of the local governing bodies of two or more
public agencies that are the primary providers of emergency
firefighting, law enforcement, ambulance, emergency medical or
other emergency services, the agreement for the procurement of
the [enhanced] 911 system shall be entered into by the fiscal
agent designated by the local governing bodies. A local
governing body may expressly exclude itself from the agreement.
Nothing in this subsection shall be construed to prevent two or
more local governing bodies from entering into a joint powers
agreement pursuant to the Joint Powers Agreements Act to
establish a separate legal entity that can enter into an
agreement as the [enhanced ] 911 system customer.
C. A public agency in [an enhanced ] a 911 emergency
service area shall provide that once an emergency unit is
dispatched in response to a request for aid through the
[enhanced] 911 system, the emergency unit shall render services
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to the requester without regard to whether the emergency unit
is operating outside its normal jurisdictional boundaries.
D. A local governing body in [an enhanced ] a 911
emergency service area shall provide [GIS ] geographic
information system addressing and digital mapping data to the
public safety answering point that provides the [enhanced ] 911
service to the local governing body."
SECTION 5. Section 63-9D-5 NMSA 1978 (being Laws 1989,
Chapter 25, Section 5, as amended) is amended to read:
"63-9D-5. IMPOSITION OF SURCHARGE.--
A. [There is imposed ] A 911 emergency surcharge is
imposed in the amount of [fifty-one cents ($.51) ] one dollar
fifty cents ($1.50) to be billed to each subscriber access line
by a communications service provider, on each active number for
a commercial mobile radio service subscriber and on the number
of [VoIP] voice-over-internet protocol lines for which the
[VoIP] voice-over-internet protocol service provider enables
the capacity for simultaneous calls, regardless of actual
usage, to be connected to the public switched telephone network
during the period for which the fixed charge is imposed. The
surcharge is imposed on all subscribers whose place of primary
use, as defined in the federal Mobile Telecommunications
Sourcing Act, is in New Mexico; provided, however, that the
surcharge shall not be imposed upon subscribers receiving
reduced rates pursuant to the Low Income Telephone Service
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Assistance Act; and provided further that the surcharge shall
not apply to prepaid wireless communication service; and
provided further that a 911 emergency surcharge shall not be
assessed on the provision of broadband internet access service.
B. [All] A communications service [providers ]
provider shall [be required to ] bill and collect the surcharge
from [their] subscribers whose places of primary use, as
defined in the federal Mobile Telecommunications Sourcing Act,
are in New Mexico. The surcharge required to be collected by
the communications service provider shall be added to and
stated clearly and separately in the billings to the
subscriber. The surcharge collected by the communications
service provider shall not be considered revenue of the
communications service provider.
C. A billed subscriber is liable for payment of the
911 emergency surcharge until it has been paid to the
communications service provider.
D. A communications service provider has no
obligation to take legal action to enforce the collection of
the surcharge; an action may be brought by or on behalf of the
department. A communications service provider, upon request
and not more than once a year, shall provide to the department
a list of the surcharge amounts uncollected, along with the
names and addresses of subscribers who carry a balance that can
be determined by the communications service provider to be
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nonpayment of the surcharge. The communications service
provider shall not be held liable for uncollected surcharge
amounts."
SECTION 6. Section 63-9D-5.1 NMSA 1978 (being Laws 2017,
Chapter 122, Section 10) is amended to read:
"63-9D-5.1. PREPAID WIRELESS [ENHANCED ] 911 SURCHARGE--
COLLECTION AND ADMINISTRATION OF SURCHARGE--LIABILITY OF
SELLERS--EXCLUSIVITY OF SURCHARGE.--
A. As used in this section:
(1) "consumer" means a person who purchases
prepaid wireless communication service in a retail transaction;
(2) "prepaid wireless communication service"
means a wireless communication service that allows [a caller ]
the user to [dial] make 911 [to access the 911 system ] calls;
[which service must be ] is paid for in advance; [and ] is sold
in predetermined units of time or dollars [of which the number
declines with use in a known amount ] that decline with use in a
known amount or provides unlimited use of the service for a
fixed amount of time; and allows a user to access 911 emergency
service;
(3) "prepaid wireless [enhanced ] 911
surcharge" means the charge that is required to be collected by
a seller from a consumer in the amount established [under ]
pursuant to Subsection B of this section;
(4) "provider" means a person that provides
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prepaid wireless communication service pursuant to a license
issued by the federal communications commission;
(5) "retail transaction" means the purchase of
prepaid wireless communication service from a seller for any
purpose other than resale;
(6) "seller" means a person who sells prepaid
wireless communication service to another person; and
(7) "wireless communication service" means
[commercial mobile radio service as defined by Section 20.3 of
Title 47 of the Code of Federal Regulations, as amended ] a
mobile service that is:
(a) provided with the intent of
receiving compensation or monetary gain;
(b) an interconnected service; and
(c) available to the public .
B. A prepaid wireless [enhanced ] 911 surcharge of
one and thirty-eight hundredths percent is imposed on the gross
value of each retail transaction. The prepaid wireless
[enhanced] 911 surcharge shall be collected by the seller from
the consumer with respect to each retail transaction occurring
in [this] the state. The amount of the prepaid wireless
[enhanced] 911 surcharge shall be either separately stated on
an invoice, receipt or other similar document that is provided
to the consumer by the seller, or otherwise disclosed to the
consumer.
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C. For purposes of Subsection B of this section, a
retail transaction that is effected in person by a consumer at
a business location of the seller shall be treated as occurring
in this state if that business location is in this state, and
any other retail transaction shall be treated as occurring in
this state if the retail transaction is treated as occurring in
this state for purposes of the Gross Receipts and Compensating
Tax Act.
D. The prepaid wireless [enhanced ] 911 surcharge is
the liability of the consumer and not of the seller or of any
provider, except that the seller shall be liable to remit all
prepaid wireless [enhanced ] 911 surcharges that the seller
collects from consumers as provided in this section, including
all such surcharges that the seller is deemed to collect where
the amount of the surcharge has not been separately stated on
an invoice, receipt or other similar document provided to the
consumer by the seller.
E. The amount of the prepaid wireless [enhanced ]
911 surcharge that is collected by a seller from a consumer, if
such amount is separately stated on an invoice, receipt or
other similar document provided to the consumer by the seller,
shall not be included in the base for measuring any tax, fee,
surcharge or other charge that is imposed by this state, any
political subdivision of this state or any intergovernmental
agency.
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F. When prepaid wireless communication service is
sold with one or more other products or services for a single,
non-itemized price, the percentage specified in Subsection B of
this section shall apply to the entire non-itemized price
unless the seller elects to apply such percentage to:
(1) if the amount of the prepaid wireless
communication service is disclosed to the consumer as a dollar
amount, such dollar amount; or
(2) if the seller can identify the portion of
the price that is attributable to the prepaid wireless
communication service by reasonable and verifiable standards
from its books and records that are kept in the regular course
of business for other purposes, including non-tax purposes,
such portion.
G. However, if a minimal amount of prepaid wireless
communication service is sold with a prepaid wireless device
for a single, non-itemized price, the seller may elect not to
apply the percentage specified in Subsection B of this section
to such transaction. For purposes of this subsection, an
amount of service denominated as ten minutes or less, or five
dollars ($5.00) or less, is minimal.
H. Prepaid wireless [enhanced ] 911 surcharges
collected by sellers shall be remitted to the department at the
times and in the manner provided with respect to the Gross
Receipts and Compensating Tax Act. The department shall
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establish registration and payment procedures that
substantially coincide with the registration and payment
procedures that apply to the Gross Receipts and Compensating
Tax Act. A seller [shall be permitted to ] may deduct and
retain three percent of prepaid wireless [enhanced ] 911
surcharges that are collected by the seller from the consumer.
I. The audit and appeal procedures applicable to
the Gross Receipts and Compensating Tax Act shall apply to
prepaid wireless [enhanced ] 911 surcharges.
J. The department shall establish procedures by
which a seller of prepaid wireless communication services may
document that a sale is not a retail transaction, which
procedures shall substantially coincide with the procedures for
documenting sale for resale transactions for the Gross Receipts
and Compensating Tax Act.
K. No provider or seller of prepaid wireless
communication services shall be liable for damages to any
person resulting from or incurred in connection with the
provision of or failure to provide 911 or [enhanced 911
service] next generation 911 services or for identifying or
failing to identify the telephone number, address, location or
name associated with any person or device that is accessing or
attempting to access 911 or [enhanced 911 service ] next
generation 911 services .
L. No provider or seller of prepaid wireless
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communication services shall be liable for damages to [any ] a
person resulting from or incurred in connection with the
provision of [any] assistance to [any] an investigative or law
enforcement officer of the United States, this or [any other ]
another state, or any political subdivision of this or [any
other] another state, in connection with [any ] an investigation
or other law enforcement activity by such law enforcement
officer.
M. In addition to the protection from liability
provided by Subsections K and L of this section, each provider
and seller [shall be] is entitled to the further protection
from liability as provided pursuant to Section 63-9D-10 NMSA
1978.
N. The prepaid wireless [enhanced ] 911 surcharge
applies to retail transactions occurring on or after July 1,
2017."
SECTION 7. Section 63-9D-7 NMSA 1978 (being Laws 1989,
Chapter 25, Section 7, as amended) is amended to read:
"63-9D-7. REMITTANCE OF CHARGES--ADMINISTRATIVE FEE.--
A. The surcharge collected shall be remitted
monthly to the department, which shall administer and enforce
collection of the surcharge in accordance with the Tax
Administration Act. The surcharge shall be remitted to the
department no later than the twenty-fifth day of the month
following the month in which the surcharge was imposed. At
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that time, a return for the preceding month shall be filed with
the department in such form as the department and
communications service provider shall agree upon. A
communications service provider required to file a return shall
deliver the return together with a remittance of the amount of
the surcharge payable to the department. The communications
service provider shall maintain a record of the amount of each
surcharge collected pursuant to the [Enhanced ] 911 Act. The
record shall be maintained for a period of three years after
the time the surcharges were collected.
B. From a remittance to the department made on or
before the date it becomes due, a telecommunications company or
commercial mobile radio service provider required to make a
remittance shall be entitled to deduct and retain one percent
of the collected amount or fifty dollars ($50.00), whichever is
greater, as the administrative cost for collecting the
surcharge."
SECTION 8. Section 63-9D-8 NMSA 1978 (being Laws 1989,
Chapter 25, Section 8, as amended) is amended to read:
"63-9D-8. [ENHANCED] 911 EMERGENCY SERVICE FUND--
CREATION--ADMINISTRATION--DISBURSEMENT--REPORTS TO
LEGISLATURE.--
A. [There] The "911 emergency service fund" is
created in the state treasury [a fund that shall be known as
the "enhanced 911 fund" ]. The fund shall be administered by
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the division.
B. All surcharges collected and remitted to the
department shall be deposited in the fund.
C. Money deposited in the fund and income earned by
investment of the fund are appropriated for expenditure in
accordance with the [Enhanced ] 911 Act and shall not revert to
the general fund.
D. Payments shall be made from the fund to, or on
behalf of, participating local governing bodies, primary or
secondary public safety answering points or their fiscal agents
upon vouchers signed by the director of the division solely for
the purpose of reimbursing local governing bodies, primary or
secondary public safety answering points or their fiscal agents
and communications service providers for their costs of
providing [enhanced] 911 [service] emergency services,
including next generation 911 equipment and infrastructure . A
person who purchases communication services from a
communications service provider [for the purpose of reselling
that service] to resell is not eligible for reimbursement from
the fund. Money in the fund may be used for the payment of
bonds issued pursuant to the [Enhanced ] 911 Bond Act.
E. Annually, the division may expend no more than
five percent of all money deposited annually in the fund for
administering and coordinating activities associated with
implementation of the [Enhanced ] 911 Act, including next
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generation 911 transition and support .
F. Money in the fund may be awarded as grant
assistance to provide [enhanced ] 911 [service] services and
equipment upon application of local governing bodies, primary
or secondary public safety answering points or their fiscal
agents to the division and upon approval by the state board of
finance. If it is anticipated that the [funds ] money available
to pay all requests for grants will be insufficient, the state
board of finance may reduce the percentage of assistance to be
awarded. In the event of such reduction, the state board of
finance may award supplemental grants to local governing bodies
that demonstrate financial hardship.
G. After requesting [enhanced ] 911 [service]
services from a communications service provider, a local
governing body may, by ordinance or resolution, recover from
the fund an amount necessary to recover the costs of providing
the [enhanced] 911 system in its designated 911 service area.
The division, on behalf of local governing bodies, shall
directly pay or reimburse communications service providers for
their costs of providing [enhanced ] 911 [service] services. If
a communications service provider does not receive payment or
reimbursement for the costs of providing [enhanced ] 911
[service] services, the provider is not obligated to provide
[that service] those services.
H. The division shall report to the legislature
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each session the status of the fund and whether the current
level of the 911 emergency surcharge is sufficient, excessive
or insufficient to fund the anticipated needs for the next
year."
SECTION 9. Section 63-9D-8.1 NMSA 1978 (being Laws 1990,
Chapter 87, Section 3, as amended) is amended to read:
"63-9D-8.1. DIVISION POWERS.--
A. The division may adopt reasonable rules
necessary to carry out the provisions of the [Enhanced ] 911
Act.
B. The division may fund [enhanced ] 911 systems
pursuant to the provisions of the [Enhanced ] 911 Act.
C. Division powers are limited and do not include
power to intervene between two vendors or restrict marketing
efforts of vendors.
D. The division and the local governing body may
establish 911 service areas.
E. Unless otherwise provided by law, no rule
affecting any person, agency, local governing body or
communications service provider shall be adopted, amended or
repealed without a public hearing on the proposed action
[before the director of the division or a hearing officer
designated by the director. The public hearing shall be held
in Santa Fe unless otherwise permitted by statute. Notice of
the subject matter of the rule, the action proposed to be
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taken, the time and place of the hearing, the manner in which
interested persons may present their views and the method by
which copies of the proposed rule or proposed amendment or
repeal of an existing rule may be obtained shall be published
once at least thirty days prior to the hearing in a newspaper
of general circulation and mailed at least thirty days prior to
the hearing date to all persons or agencies who have made a
written request for advance notice of the hearing and to all
local governing bodies and communications service providers ] as
provided in the State Rules Act, with the additional
requirements that notice of the public hearing shall be
published in a newspaper of general circulation and mailed at
least thirty days prior to the hearing date to all persons or
agencies who have made a written request for advance notice of
the hearing and to all local governing bodies and
communications service providers .
F. All rules shall be filed in accordance with the
State Rules Act."
SECTION 10. Section 63-9D-10 NMSA 1978 (being Laws 1989,
Chapter 25, Section 10, as amended) is amended to read:
"63-9D-10. IMMUNITY.--[Enhanced ] 911 systems are within
the governmental powers and authorities of the local governing
body or state agency in the provision of services for the
public health, welfare and safety. In contracting for such
services or the provisioning of [an enhanced ] a 911 system,
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except for intentional acts, the local governing body, public
agency, equipment supplier, communications service provider and
their officers, directors, vendors, employees and agents are
not liable for damages resulting from installing, maintaining
or providing [enhanced ] 911 systems or transmitting 911 calls."
SECTION 11. Section 63-9D-11 NMSA 1978 (being Laws 1989,
Chapter 25, Section 11, as amended) is amended to read:
"63-9D-11. PRIVATE LISTING SUBSCRIBERS AND 911 SERVICE.--
A. Private listing subscribers waive the privacy
afforded by nonlisted or nonpublished numbers only to the
extent that the name and address associated with the telephone
number may be furnished to the [enhanced ] 911 system for call
routing or for automatic retrieval of location information in
response to a call initiated to 911.
B. Information regarding the identity of private
listing subscribers provided by a communications service
provider, including names, addresses, telephone numbers or
other identifying information, is not a public record and is
not available for inspection.
C. Proprietary information provided by a
communications service provider is not public information and
may not be released to any person without the express
permission of the submitting provider except that information
may be released or published as aggregated data that does not
identify the number of subscribers or identify [enhanced ] 911
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system costs attributable to an individual communications
service provider."
SECTION 12. Section 63-9D-12 NMSA 1978 (being Laws 1990,
Chapter 61, Section 1, as amended) is amended to read:
"63-9D-12. SHORT TITLE.--Sections 63-9D-12 through
63-9D-20 NMSA 1978 may be cited as the "[Enhanced ] 911 Bond
Act"."
SECTION 13. Section 63-9D-13 NMSA 1978 (being Laws 1990,
Chapter 61, Section 2, as amended) is amended to read:
"63-9D-13. DEFINITIONS.--As used in the [Enhanced ] 911
Bond Act:
A. "911 bonds" means the bonds authorized in the
911 Bond Act;
B. "911 project" means actions authorized pursuant
to Section 63-9D-14 NMSA 1978 that pertain to a specific
component of the 911 system;
C. "911 revenue" means the revenue to and income of
the 911 emergency service fund that are pledged to the payment
of 911 bonds pursuant to the 911 Bond Act;
[A.] D. "board" means the state board of finance;
and
[B.] E. "division" means the local government
division of the department of finance and administration.
[C. "enhanced 911 bonds" means the bonds authorized
in the Enhanced 911 Bond Act;
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D. "enhanced 911 project" means actions authorized
under Section 63-9D-14 NMSA 1978 that pertain to a specific
component of the enhanced 911 system; and
E. "enhanced 911 revenue" means the revenue to and
the income of the enhanced 911 fund that are pledged to the
payment of enhanced 911 bonds under the Enhanced 911 Bond Act ]"
SECTION 14. Section 63-9D-14 NMSA 1978 (being Laws 1990,
Chapter 61, Section 3, as amended) is amended to read:
"63-9D-14. [ENHANCED ] 911 BONDS--AUTHORITY TO ISSUE--
PLEDGE OF REVENUES--LIMITATION ON ISSUANCE.--
A. In addition to any other law authorizing the
board to issue revenue bonds, the board may issue [enhanced ]
911 bonds pursuant to the [Enhanced ] 911 Bond Act for the
purposes specified in this section.
B. [Enhanced] 911 bonds may be issued for:
(1) acquiring, extending, enlarging,
bettering, repairing, improving, constructing, purchasing,
furnishing, equipping or rehabilitating the [enhanced ] 911
system, the payment of which shall be secured by [enhanced ] 911
revenues;
(2) reimbursing a communications service
provider for its reasonable costs of providing [enhanced ] 911
service, the payment of which shall be secured by [enhanced ]
911 revenues; or
(3) reimbursing a local governing body or its
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fiscal agent for [its ] the reasonable costs of providing the
[enhanced] 911 system, the payment of which shall be secured by
[enhanced] 911 revenues.
C. The board may pledge irrevocably [enhanced ] 911
revenues in the manner set forth in Subsection B of this
section to the payment of the interest on and principal of
[enhanced] 911 bonds. Any general determination by the board
that expenditures are reasonably related to and constitute a
part of a specified [enhanced ] 911 project shall be conclusive
if set forth in the proceedings authorizing the [enhanced ] 911
bonds."
SECTION 15. Section 63-9D-15 NMSA 1978 (being Laws 1990,
Chapter 61, Section 4) is amended to read:
"63-9D-15. USE OF PROCEEDS OF BOND ISSUE.--It is unlawful
to divert, use or expend any money received from the issuance
of [enhanced] 911 bonds for any purpose other than the purposes
for which the bonds were issued."
SECTION 16. Section 63-9D-16 NMSA 1978 (being Laws 1990,
Chapter 61, Section 5) is amended to read:
"63-9D-16. [ENHANCED ] 911 BONDS--TERMS.--[Enhanced ] 911
bonds:
A. shall bear interest at a coupon rate or coupon
rates not exceeding the maximum coupon rate [which ] that is
permitted by the Public Securities Act; provided that interest
shall be payable annually or semiannually and may or may not be
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evidenced by coupons; and provided further that the first
interest payment date may be for interest accruing for any
period not exceeding one year;
B. may be subject to a prior redemption at the
board's option at such time or times and upon such terms and
conditions, with or without the payment of such premium or
premiums, as may be provided by action of the board;
C. may mature at any time or times not exceeding
twenty years after the date of issuance;
D. may be serial in form and maturity or may
consist of one bond payable at one time or in installments;
E. shall be sold for cash at, above or below par
and at a price [which ] that results in a net effective interest
rate [which] that does not exceed the maximum permitted by the
Public Securities Act; and
F. may be sold at public or private sale."
SECTION 17. Section 63-9D-17 NMSA 1978 (being Laws 1990,
Chapter 61, Section 6, as amended) is amended to read:
"63-9D-17. BOND AUTHORIZATION.--The board may issue and
sell [enhanced] 911 bonds in compliance with the [Enhanced ] 911
Bond Act. The board shall schedule the issuance and sale of
the bonds in the most expeditious and economical manner upon a
finding by the board that the division has certified that the
need exists for the issuance of bonds and upon an action by the
board designating the [enhanced ] 911 emergency service fund to
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be the source of pledged revenues."
SECTION 18. Section 63-9D-18 NMSA 1978 (being Laws 1990,
Chapter 61, Section 7, as amended) is amended to read:
"63-9D-18. AUTHORITY TO REFUND BONDS.--The board may
issue and sell at public or private sale [enhanced ] 911 bonds
to refund outstanding [enhanced ] 911 bonds and other bonds
payable from the [enhanced ] 911 emergency service fund by
exchange, immediate or prospective redemption, cancellation or
escrow, including the escrow of debt service funds accumulated
for payment of outstanding bonds or any combination [thereof ],
when, in its opinion, such action will be beneficial to the
state."
SECTION 19. Section 63-9D-19 NMSA 1978 (being Laws 1990,
Chapter 61, Section 8) is amended to read:
"63-9D-19. [ENHANCED ] 911 BONDS NOT GENERAL OBLIGATIONS--
AUTHENTICATION.--
A. [Enhanced] 911 bonds or refunding bonds issued
as authorized by the [Enhanced ] 911 Bond Act are:
(1) not general obligations of the state; and
(2) collectible only from the proper pledged
revenues, and each bond shall state that it is payable solely
from the pledged revenues and that the bondholders may not look
to any other state fund for the payment of the interest and
principal of the bonds.
B. The bonds and coupons shall be signed and sealed
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as provided by the resolution of the board issuing the bond,
and the Uniform Facsimile Signature of Public Officials Act
shall be applicable."
SECTION 20. Section 63-9D-20 NMSA 1978 (being Laws 1992,
Chapter 102, Section 5, as amended) is amended to read:
"63-9D-20. AMOUNT OF SURCHARGE--SECURITY FOR BONDS.--
A. The legislature shall provide for the continued
imposition, collection and deposit of the 911 [emergency ]
surcharge into the [enhanced ] 911 emergency service fund in
amounts that, together with other amounts deposited into the
fund, [will be] is sufficient to produce an amount necessary to
meet annual debt service charges on all respective outstanding
[enhanced] 911 bonds.
B. The legislature shall not repeal, amend or
otherwise modify any law that affects the 911 [emergency ]
surcharge in a manner that impairs any outstanding [enhanced ]
911 bonds secured by a pledge of the 911 [emergency ] surcharge
unless:
(1) the outstanding [enhanced ] 911 bonds to
which the revenues from the surcharge are pledged have been
discharged in full; or
(2) provision has been made to discharge fully
the outstanding [enhanced ] 911 bonds to which the revenues from
the surcharge are pledged.
C. Nothing in this section shall require any
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increase in the 911 [emergency ] surcharge."
SECTION 21. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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