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SENATE BILL 67
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Craig W. Brandt
AN ACT
RELATING TO TELECOMMUNICATIONS; REQUIRING A WIRELESS SERVICE
PROVIDER OR INTERNET SERVICE PROVIDER UPON THE REQUEST OF A LAW
ENFORCEMENT AGENCY TO PROVIDE LOCATION INFORMATION REGARDING A
DEVICE USED TO MAKE A 911 SERVICE COMMUNICATION FOR THE PURPOSE
OF RESPONDING TO THE COMMUNICATION OR A SITUATION THAT INVOLVES
THE RISK OF DEATH OR SERIOUS PHYSICAL HARM; REQUIRING THE
DEPARTMENT OF PUBLIC SAFETY TO COLLECT CONTACT INFORMATION FROM
INTERNET SERVICE AND WIRELESS SERVICE PROVIDERS AND DISSEMINATE
THAT INFORMATION TO INTERNET SERVICE AND WIRELESS SERVICE
PROVIDERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. 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:
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A. "911 [call] service communication " means any
real-time communication, message, signal or transmission
between a person needing assistance and a public safety
answering point [call-taker ] dispatcher by dialing 9-1-1 or
[its] an equivalent emergency phone number or through the use
of an internet service ;
B. "911 service area" means the area designated by
the fiscal agent, local governing body or the division to
receive enhanced 911 service;
C. "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. "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. "commercial mobile radio service provider" means
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a person who provides commercial mobile radio services,
including a person who purchases commercial mobile radio
service from a provider and resells that service;
F. "commission" means the public regulation
commission;
G. "communication service" means any 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. "communications service provider" means any
entity that provides communication services;
I. "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. "department" means the taxation and revenue
department;
K. "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 ]
dispatcher 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 ]
service communications to the appropriate public safety
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answering point operating in a 911 service area;
(2) automatically display the name, address
and telephone number of an incoming 911 [call ] service
communication 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 ] communication detail recording, [call ]
dispatch center work stations, training, latitude and longitude
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base station or cell site location data and GIS equipment
necessary to obtain and process locational map and emergency
service zone data for landline and wireless [callers ]
communicators;
O. "equipment supplier" means a person who provides
or offers to provide communications equipment necessary for the
establishment of enhanced 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 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" means a next generation 911 system
consisting of network, hardware, software, data and operational
policies and procedures that:
(1) provides standardized interfaces from call
and message services;
(2) processes all types of emergency [calls ]
communications, including non-voice (multimedia) messages;
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(3) acquires and integrates additional data
useful to [call] communication routing and handling;
(4) delivers the [calls, messages ]
communications 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 911 system; provided that such
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
response services or that relays communications to the
appropriate public or private safety agency;
W. "subscriber" means a person who purchases
communication services at retail from a communications service
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provider that are capable of originating a 911 service
communication;
X. "surcharge" means the 911 emergency surcharge;
Y. "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. "telecommunications company" means a person who
provides wire telecommunications services that are capable of
originating a 911 communication;
AA. "vendor" means a person that provides 911
equipment, service or network support;
BB. "VoIP" means "interconnected voice-over-
internet protocol service" as defined in the Code of Federal
Regulations, Title 47, Part 9, Section 9.3, as amended; and
CC. VoIP service provider" or "interconnected
voice-over-internet protocol service provider" means an entity
that provides interconnected voice-over-internet protocol
service to end users."
SECTION 2. A new section of the Enhanced 911 Act is
enacted to read:
"[NEW MATERIAL] INTERNET AND WIRELESS SERVICE PROVIDERS--
PROVISION OF USER LOCATION INFORMATION TO EMERGENCY
RESPONDERS.--
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A. Upon request of a law enforcement agency or a
public safety answering point on behalf of a law enforcement
agency, an internet service or wireless service provider shall
provide location information to the agency for a device used to
send a 911 service communication. A law enforcement agency or
public safety answering point may only request information
under this section for the purpose of responding to a 911
communication or an emergency situation that involves the risk
of death or serious physical harm.
B. An internet or wireless service provider may
establish protocols by which the service provider voluntarily
discloses communication location information.
C. A claim for relief shall not be brought in any
court against an internet service or wireless service provider
or another person for providing communication location
information when acting in good faith under this section.
D. The department of public safety shall obtain
contact information from all internet service and wireless
service providers authorized to do business in this state to
facilitate requests from a law enforcement agency or a public
safety answering point on behalf of a law enforcement agency
for communication location information under this section. The
department of public safety shall disseminate the contact
information to each law enforcement agency and public safety
answering point in this state."
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SECTION 3. 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 911 system, 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 ]
service communications ."
SECTION 4. 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:
(1) the name and address associated with the
telephone number may be furnished to the enhanced 911 system
for [call] communication routing or for automatic retrieval of
location information in response to a [call initiated to ] 911
service communication; or
(2) the location information for a device used
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to make a 911 service communication is furnished to a law
enforcement agency, a public safety answering point or an
emergency responder to respond to a 911 service communication
or to an emergency situation that involves the risk of death or
serious physical harm .
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
system costs attributable to an individual communications
service provider."
SECTION 5. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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