46th legislature - STATE OF NEW MEXICO - first session, 2003
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.--[This act] 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. "department" means the general services
department;
D.] C. "impaired" means having an impairment of or
deficit in the ability to hear or speak, or both;
[E.] 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;
[F.] 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;
[G.] 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
[H.] 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 [department, in consultation with the]
commission shall [establish] administer a telecommunications
relay system that enables impaired individuals to communicate
with unimpaired individuals. [The department shall implement
the telecommunications relay system no later than July 26,
1993.]
B. The [department, after consultation with the]
commission shall invite proposals or bids, or both, from
telecommunications companies to design and implement a
telecommunications relay system. The [department] commission
shall comply with the provisions of the Procurement Code in
contracting for the services and property required. [It] 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, [it] 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 [department] commission determines that
no proposal or bid is acceptable after review, the [department]
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.--[The commission
shall advise the department concerning the administration of
the specialized telecommunications equipment program and the
telecommunications relay system.]
A. The commission shall:
[A. create] (1) adopt policies, procedures
and regulations [governing the administration of] to carry out
the provisions of the Telecommunications Access Act;
(2) administer the specialized
telecommunications equipment program, [and review and
recommend] 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;
[B. assist the department in obtaining] (3)
obtain certification from the federal communications commission
that the telecommunications relay system is in compliance with
applicable federal rules and regulations;
[C. review and comment upon the department's budget
request for administration of the specialized
telecommunications equipment program and the telecommunications
relay system;
D.] (4) monitor expenditures for the
specialized telecommunications equipment program and the
telecommunications relay system;
[E.] (5) monitor the quality of the
telecommunications relay system and the satisfaction of its
users;
[F.] (6) identify the need for specialized
telecommunications equipment by impaired individuals;
[G.] (7) identify the problems that impaired
individuals have in acquiring specialized telecommunications
equipment;
[H. obtain funding for the specialized
telecommunications equipment program;] and
[I.] (8) perform other duties necessary [to
advise the department] 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
department] 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 [of one] 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 [this
subsection] 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.
[B. Every] 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.
[C.] 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 [D] 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.
[D.] 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.
[E.] F. The [general services department]
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 [secretary of
general services] executive director of the commission. The
[department] commission shall administer the fund. Money in
the fund is appropriated for the purpose of carrying out the
provisions of the Telecommunications Access Act. The
[department and 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 [department
and the] commission in the administration of the provisions of
the Telecommunications Access Act. [The budget division may
approve the expenditure of not more than ten percent of the
amount deposited in the telecommunications access fund during
any fiscal year for administrative expenses.] 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.