AN ACT
RELATING TO TELECOMMUNICATIONS;
TRANSFERRING THE DUTIES AND POWERS OF THE GENERAL SERVICES DEPARTMENT TO CARRY
OUT THE PROVISIONS OF THE TELECOMMUNICATIONS ACCESS ACT TO THE COMMISSION FOR
DEAF AND HARD-OF-HEARING PERSONS.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 63-9F-1 NMSA 1978 (being Laws 1993,
Chapter 54, Section 1) is amended to read:
"63-9F-1. SHORT TITLE.--Chapter 63, Article 9F NMSA
1978 may be cited as the "Telecommunications Access Act"."
Section 2. Section 63-9F-3 NMSA 1978 (being Laws 1993,
Chapter 54, Section 3, as amended) is amended to read:
"63-9F-3. DEFINITIONS.--As used in the
Telecommunications Access Act:
A. "commission" means the commission
for deaf and hard-of-hearing persons;
B. "communications assistant" means an
individual who translates conversation from text to voice and from voice to
text between two end users of a telecommunications service;
C. "impaired" means having an
impairment of or deficit in the ability to hear or speak, or both;
D. "intrastate telephone services"
means all charges for access lines, special services and intrastate toll
services, including all calls originating and terminating in the state;
E. "specialized telecommunications
equipment" means devices that when connected to a telephone enable or
assist an impaired individual to communicate with another individual using the
telephone network;
F. "telecommunications company" means
an individual, corporation, partnership, joint venture, company, firm,
association, proprietorship or other entity that provides public
telecommunications services, and includes cellular service companies as defined
in Subsection B of Section 63-9B-3 NMSA 1978; and
G. "telecommunications relay system"
means a statewide telecommunications system through which an impaired
individual using specialized telecommunications equipment is able to send or
receive messages to and from an individual who is not impaired and whose
telephone is not equipped with specialized telecommunications equipment and
through which the unimpaired individual is able, by using voice communications,
to send and receive messages to and from an impaired person."
Section 3. Section 63-9F-6 NMSA 1978 (being Laws 1993,
Chapter 54, Section 6) is amended to read:
"63-9F-6. TELECOMMUNICATIONS RELAY SYSTEM.--
A. The commission shall administer a
telecommunications relay system that enables impaired individuals to
communicate with unimpaired individuals.
B. The commission shall invite proposals or
bids, or both, from telecommunications companies to design and implement a
telecommunications relay system. The
commission shall comply with the provisions of the Procurement Code in
contracting for the services and property required. The commission shall consider the factors of
price and the interest of the community of impaired individuals in having
access to a high quality and technologically advanced system. New Mexico residency shall be given a weight
of five percent of the total weight of all evaluation factors in a proposal
evaluation. Any business that qualifies
as a "resident business" as defined in Section 13-1-21 NMSA 1978
shall receive a five percent preference.
In the procurement process, the commission shall request and consider
the recommendations of the communications assistants who have provided the
voice relay service used in the state prior to the effective date of the
Telecommunications Access Act.
C. If the commission determines that no proposal
or bid is acceptable after review, the commission may provide the
telecommunications relay system.
D. The telecommunications relay system shall:
(1) be available statewide for operation
twenty-four hours a day every day of the year;
(2) relay all messages promptly and accurately;
(3) protect and maintain the privacy of
individuals using the system;
(4) preserve the confidentiality of all telephone
communications; and
(5) conform to all applicable standards
established by state and federal laws and any regulations adopted pursuant to
those laws."
Section 4. Section 63-9F-8 NMSA 1978 (being Laws 1993,
Chapter 54, Section 8, as amended) is amended to read:
"63-9F-8. COMMISSION DUTIES AND POWERS.--
A. The commission shall:
(1) adopt policies, procedures and regulations
to carry out the provisions of the Telecommunications Access Act;
(2) administer the specialized telecommunications
equipment program, adopt policies, procedures and regulations governing the
administration of the telecommunications relay system and ensure that the
program and relay system are in compliance with state and federal laws;
(3) obtain certification from
the federal communications commission that the telecommunications relay system
is in compliance with applicable federal rules and regulations;
(4) monitor expenditures for the specialized
telecommunications equipment program and the telecommunications relay system;
(5) monitor the quality of the telecommunications
relay system and the satisfaction of its users;
(6) identify the need for specialized
telecommunications equipment by impaired individuals;
(7) identify the problems that impaired
individuals have in acquiring specialized telecommunications equipment; and
(8) perform other duties necessary in the
administration of the provisions of the Telecommunications Access Act.
B. The commission may require an annual audit of
each telecommunications company participating in the telecommunications relay
system to account for all surcharges billed and collected pursuant to the
Telecommunications Access Act."
Section 5. Section 63-9F-9 NMSA 1978 (being Laws 1993,
Chapter 54, Section 9) is amended to read:
"63-9F-9. LIMIT ON LIABILITY.--The commission, the
provider of the telecommunications relay system and their employees shall not
be liable for any claims, actions, damages or causes of action arising out of
or resulting from the establishment, participation in or operation of the
telecommunications relay system except for gross negligence or intentional
acts."
Section 6. Section 63-9F-11 NMSA 1978 (being Laws 1993,
Chapter 54, Section 11, as amended) is amended to read:
"63-9F-11. IMPOSITION OF SURCHARGE.--
A. A telecommunications relay service surcharge
of thirty-three hundredths percent is imposed on the gross amount paid by
customers for:
(1) intrastate telephone services, other than
mobile telecommunications services, provided in this state; and
(2) intrastate mobile telecommunications services
that originate and terminate in the same state, regardless of where the mobile
telecommunications services originate, terminate or pass through, provided by
home service providers to customers whose place of primary use is in New
Mexico.
B. The telecommunications relay service
surcharge shall be included on the monthly bill of each customer of a local
exchange company or other telecommunications company providing intrastate
telephone services or intrastate mobile telecommunications services and paid at
the time of payment of the monthly bill.
Receipts from selling a service to any other telecommunications company
or provider for resale shall not be subject to the surcharge. The customer shall be liable for the payment
of this surcharge to the local exchange company or other telecommunications
company providing intrastate telephone services to the customer. For the purposes of Subsections A and B of
this section, "home service provider", "mobile
telecommunications services" and "place of primary use" have the
meanings given in the federal Mobile Telecommunications Sourcing Act.
C. A telecommunications company providing
intrastate telephone services shall be responsible for assessing, collecting
and remitting the telecommunications relay service surcharge to the taxation
and revenue department. The amount of
the telecommunications relay service surcharge collected by a telecommunications
company shall be remitted monthly to the taxation and revenue department, on or
before the twenty-fifth of the month following collection, which shall
administer and enforce the collection of the surcharge pursuant to the
provisions of the Tax Administration Act.
D. The taxation and revenue department shall
remit to the telecommunications access fund the amount of the
telecommunications relay service surcharge collected less any amount deducted
pursuant to the provisions of Subsection E of this section. Transfer of the net receipts from the
surcharge to the telecommunications access fund shall be made within the month
following the month in which the surcharge is collected.
E. The taxation and revenue department may
deduct an amount not to exceed three percent of the telecommunications relay
service surcharge collected as a charge for the administrative costs of
collection, which amount shall be remitted to the state treasurer for deposit
in the general fund each month.
F. The commission shall report to the revenue
stabilization and tax policy committee annually by September 30 the following
information with respect to the prior fiscal year:
(1) the amount and source of revenue received by
the telecommunications access fund;
(2) the amount and category of expenditures from
the fund; and
(3) the balance of the fund on that June
30."
Section 7. Section 63-9F-12 NMSA 1978 (being Laws 1993,
Chapter 54, Section 12) is amended to read:
"63-9F-12. TELECOMMUNICATIONS ACCESS
FUND--ESTABLISHED.--There is created in the state treasury the
"telecommunications access fund".
Money appropriated to the fund or accruing to it through gifts, grants,
fees, surcharges, penalties or bequests shall be delivered to the state
treasurer for deposit in the fund. The
fund shall be invested as other state funds are invested. Disbursements from the fund shall be made
upon warrants drawn by the secretary of finance and administration pursuant to
vouchers signed by the executive director of the commission. The commission shall administer the
fund. Money in the fund is appropriated
for the purpose of carrying out the provisions of the Telecommunications Access
Act and for carrying out the duties and responsibilities of the
commission. The commission may request
the state budget division of the department of finance and administration to
approve the expenditure of funds deposited in the telecommunications access
fund for the purpose of defraying salary and other necessary expenses incurred
by the commission in the administration of the provisions of the
Telecommunications Access Act. Any
unexpended or unencumbered balance remaining in the fund at the end of any
fiscal year shall not revert."
Section 8. REPEAL.--Section 63-9F-7 NMSA 1978 (being
Laws 1993, Chapter 54, Section 7) is repealed.
Section 9. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.
HB 675
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