SENATE BILL 67

57th 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:

          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 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 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 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 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;

                (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 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.--

          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."

     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 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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