HB0439

HOUSE BILL 439

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Jim R. Trujillo

AN ACT

RELATING TO EMERGENCY SERVICES; AMENDING SECTIONS OF THE ENHANCED 911 ACT; CREATING AN ENHANCED 911 ADVISORY BOARD TO PROVIDE CONSULTATION TO THE LOCAL GOVERNMENT DIVISION OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION IN THE ADMINISTRATION OF THE STATE'S ENHANCED 911 SYSTEM.

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:

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 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. "advisory board" means the enhanced 911 advisory board created pursuant to Section 4 of this 2019 act;

[D.] E. "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.] F. "commercial mobile radio service provider" means 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.] G. "commission" means the public regulation commission;

[G.] H. "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.] I. "communications service provider" means any entity that provides communication services;

[I.] J. "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.] K. "department" means the taxation and revenue department;

[K.] L. "division" means the local government division of the department of finance and administration;

[L.] M. "enhanced 911 surcharge" means the monthly 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.] N. "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 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.] O. "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 process locational map and emergency service zone data for landline and wireless callers;

[O.] P. "equipment supplier" means a person who provides or offers to provide communications equipment necessary for the establishment of enhanced 911 services;

[P.] Q. "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.] R. "fiscal agent" means the local governing body that administers grants from the fund for a given locality or region by agreement;

[R.] S. "fund" means the enhanced 911 fund;

[S.] T. "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.] U. "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, including non-voice [(multimedia)] 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.] V. "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.] W. "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.] 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 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.] CC. "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.] DD. "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. Section 63-9D-8 NMSA 1978 (being Laws 1989, Chapter 25, Section 8, as amended) is amended to read:

"63-9D-8. ENHANCED 911 FUND--CREATION--ADMINISTRATION-- DISBURSEMENT--REPORTS TO LEGISLATURE.--

A. There is created in the state treasury a fund that shall be known as the "enhanced 911 fund". The fund shall be administered by the division, in consultation with the advisory board.

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 or their fiscal agents upon vouchers signed by the director of the division solely for the purpose of reimbursing local governing bodies or their fiscal agents and communications service providers for their costs of providing enhanced 911 service. A person [who] that purchases communication services from a communications service provider for the purpose of reselling that service 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] shall 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.

F. Money in the fund may be awarded as grant assistance to provide enhanced 911 service and equipment upon application of local governing bodies or their fiscal agents to the division and upon approval by the state board of finance. If it is anticipated that the funds 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 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. If a communications service provider does not receive payment or reimbursement for the costs of providing enhanced 911 service, the provider is not obligated to provide that service.

H. The division and the advisory board shall report to the legislature 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 3. 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. In consultation with the advisory board, the division may adopt reasonable rules necessary to carry out the provisions of the Enhanced 911 Act.

B. In consultation with the advisory board, 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. In consultation with the advisory board, 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 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.

F. All rules shall be filed in accordance with the State Rules Act."

SECTION 4. A new section of the Enhanced 911 Act is enacted to read:

"[NEW MATERIAL] ENHANCED 911 ADVISORY BOARD--CREATION-- MEMBERSHIP--APPOINTMENTS--TERMS.--

A. The "enhanced 911 advisory board" is created as an advisory body to the division. The advisory board shall be composed of nine voting members as follows, provided that no more than one member shall be from the same county and all members of the board shall be local government representatives:

(1) ex officio, the chair of an emergency services affiliate of an entity that represents counties in the state;

(2) ex officio, the president of an emergency services affiliate of an entity that represents municipalities in the state;

(3) one member, ex officio, who:

(a) shall be appointed by the governor;

(b) is a geospatial information systems manager; and

(c) is a member of a geospatial information systems entity affiliated with an entity that represents counties in the state;

(4) two members, appointed by the governor from a list of names provided by the president pro tempore of the senate, as follows:

(a) one representative of a county or municipal fire department; and

(b) ex officio, a director or manager of a public safety answering point;

(5) two members, ex officio, appointed by the governor, each of whom shall either be a current director or manager of a public safety answering point;

(6) one member, ex officio, who is a director or manager of a public safety answering point, appointed by the governor from a list of names provided by the speaker of the house of representatives; and

(7) one representative of county or municipal law enforcement appointed by the speaker of the house of representatives.

B. Recommendations for advisory board appointments shall be made to the governor by the association of public-safety communications officials international, New Mexico chapter; the national emergency number association; an entity that represents counties in the state; and an entity that represents municipalities in the state.

C. Appointing authorities shall strive to ensure that the composition of the advisory board represents urban and rural areas of the state.

D. Advisory board members shall serve for a term of four years; provided that at the first meeting of the advisory board, the initial members shall draw lots to determine the length of their terms as follows:

(1) two members shall serve an initial term of two years;

(2) three members shall serve an initial term of three years; and

(3) four members shall serve an initial term of four years.

E. Advisory board members shall serve until a successor is duly appointed and confirmed.

F. An advisory board member shall not serve more than two successive terms.

G. The secretary of finance and administration shall call the initial meeting of the advisory board, at which time the advisory board shall elect a chair, vice chair and any other officers it deems necessary and appropriate to serve one-year terms in those offices. After the initial meeting of the advisory board, the chair shall call and preside over advisory board meetings. The vice chair shall preside over advisory board meetings and take necessary actions of the chair when the chair is absent.

H. After the initial meeting of the advisory board, the advisory board shall elect a chair and vice chair yearly. After the expiration of the terms of the initial advisory board chair and vice chair, nominees for chair and vice chair shall have a minimum of one year of experience serving on the advisory board.

I. The advisory board shall meet at least once per calendar quarter.

J. For voting purposes, a quorum shall consist of at least five advisory board members. Any official action of the advisory board shall require a vote of a quorum of advisory board members.

K. A member of the advisory board who fails to attend at least one-half of the regularly scheduled meetings of the advisory board within a twelve-month period shall automatically be removed and the successor member shall be appointed by the appointing authority to serve out the remaining term of the member being replaced.

L. The advisory board shall devise bylaws for operation of the advisory board.

M. Public members of the advisory board may receive per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance for their service on the advisory board."

- 15 -