SENATE BILL 447

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO EMERGENCY MANAGEMENT; AUTHORIZING THE TRAINING AND CERTIFICATION OF FIRST INFORMER BROADCASTERS; ALLOWING ACCESS TO AREAS AFFECTED BY AN EMERGENCY OR DISASTER FOR THE REPAIR OR MAINTENANCE OF CRITICAL EQUIPMENT; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 12, Article 10 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] FIRST INFORMER BROADCASTERS--TRAINING AND CERTIFICATION--ACCESS TO CRITICAL EQUIPMENT--DEFINITIONS.--

          A. The homeland security and emergency management department may coordinate with a broadcasting association in this state or a cable television telecommunication association in this state to develop comprehensive, coordinated plans for preparing for and responding appropriately to an emergency or disaster.

          B. A statewide organization that represents broadcasters, cable television communications or any other provider that uses emerging technologies or a federally licensed radio or television station may train and certify broadcast engineers and technical personnel that are critical to station operations as first informer broadcasters. Training and certification shall be approved by the homeland security and emergency management department and shall:

                (1) be consistent with federal law and guidelines;

                (2) include education in restoring, repairing and resupplying any facilities or equipment of a broadcaster in an area affected by an emergency or disaster; and

                (3) include education concerning the personal safety of a first informer broadcaster in an area affected by an emergency or disaster.

          C. To the extent practicable and consistent with not endangering public safety or inhibiting recovery efforts, state and local government agencies shall allow a first informer broadcaster to access an area affected by an emergency or disaster to restore, repair or resupply any facility or equipment critical to the ability of a broadcaster to acquire, produce and transmit essential emergency or disaster-related public information programming, including repairing and maintaining transmitters and generators and transporting fuel for generators.

          D. For the purposes of this section:

                (1) "broadcaster" means a federal communications commission licensed radio broadcasting station, cable operator or television broadcasting station primarily engaged in, and deriving income from, the business of facilitating speech via over-the-air communications, both as to pure speech and commercial speech; and

                (2) "first informer broadcaster" means a person who is trained and certified as a first informer broadcaster pursuant to this section."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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