HOUSE BILL 383

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Bob Wooley and Debbie A. Rodella

AN ACT

RELATING TO TELECOMMUNICATIONS; AMENDING SECTIONS OF THE ENHANCED 911 ACT TO PROVIDE FOR TECHNOLOGY NEUTRALITY; CLARIFYING THAT THERE IS NO IMMUNITY FOR INTENTIONAL ACTS.

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 emergency surcharge" means the monthly uniform charge assessed on each access line in the state and on each active number for a commercial mobile radio service subscriber whose billing address is in New Mexico;

          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. "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;

          H. "department" means the taxation and revenue department;

          I. "division" means the local government division of the department of finance and administration;

          J. "enhanced 911 system" means, regardless of the technology used, a landline or wireless system consisting of network switching equipment, database, mapping and on-premises equipment, or the functional equivalents 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] 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] 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 [both] any combination of these, and may feature limited or open access and may employ appropriate analog, digital switching or transmission technologies; [and]

                (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; 

          K. "enhanced 911 equipment" means, regardless of the technology used, 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;

          L. "equipment supplier" means a person who provides or offers to provide telecommunications equipment necessary for the establishment of enhanced 911 services, systems or equipment;

          M. "fiscal agent" means the local governing body that administers grants from the fund for a given locality or region by agreement;

          N. "fund" means the enhanced 911 fund;

          O. "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;

          P. "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 commercial mobile radio service provider or telecommunications company; 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;

          Q. "public safety answering point" means a twenty-four-hour local communications facility that receives 911 service [calls] communications and directly dispatches emergency response services or that relays [calls] communications to the appropriate public or private safety agency;

          R. "subscriber" means a person who is a retail purchaser of telecommunications services that are capable of originating a 911 [call] communication;

          S. "surcharge" means the 911 emergency surcharge;

          T. "telecommunications company" means a person who provides wire telecommunications services that are capable of originating a 911 [call] communication; and

          U. "vendor" means a person that provides enhanced 911 equipment, service or [network] system support."

     SECTION 2. 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 [willful or wanton negligence or] intentional acts, the local governing body, public agency, equipment supplier, telecommunications company, commercial mobile radio service provider and their employees and agents are not liable for damages resulting from installing, maintaining or providing enhanced 911 systems or transmitting 911 calls."

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