N.M. Stat. Ann. § 63-9D-1 (1997)
§ 63-9D-1. Short Title
Chapter 63, Article 9D NMSA 1978 may be cited as the “Enhanced 911 Act”.
N.M. Stat. Ann. § 63-9D-2 (1997)
§ 63-9D-2. Findings and Purpose
A. The legislature finds that:
(1) isolated people, the elderly, the young and victims of crime are often at risk and without help;
(2) children, elderly persons and victims of crime are frequently unable to explain directions to the location of an emergency situation;
(3) life-threatening accidents, fires, crimes and natural disasters occur in the state each year;
(4) an enhanced 911 telephone emergency system provides:
(a) expansion of the benefits of the basic 911 emergency telephone number;
(b) faster response time which minimizes the loss of life and property;
(c) automatic routing to the appropriate emergency response unit;
(d) immediate visual display of the location and telephone number of the caller; and
(e) curtailment of abuses of the emergency system by documenting callers; and
(5) New Mexico communities could make efficient use of the enhanced 911 telephone emergency system if the communities had adequate funding available.
B. It is the purpose of the Enhanced 911 Act [this article] to further the public interest and protect the safety, health and welfare of the people of New Mexico by enabling the development, installation and operation of enhanced 911 emergency reporting systems to be operated under shared state and local governmental management and control.
N.M. Stat. Ann. § 63-9D-3 (1997)
§ 63-9D-3. Definitions
As used in the Enhanced 911 Act [this article]:
A. “911 emergency surcharge” means the monthly uniform charge assessed on each local exchange service customer in the state for each local exchange access line to pay for the purchase, lease, installation and maintenance of equipment necessary for the establishment of a 911 system including the repayment of bonds issued pursuant to the Enhanced 911 Bond Act [63-9D-12 to 63-9D-20 NMSA 1978];
B. “911 service area” means the area within a local governing body’s jurisdiction that has been designated by the local governing body or the division to receive enhanced 911 service;
C. “911 system” means the basic 911 system or the enhanced 911 system;
D. “basic 911 system” means a telephone service that automatically connects a person dialing the single three-digit number 911 to an established public safety answering point through normal telephone service facilities;
E. “commission” means the state corporation commission;
F. “department” means the taxation and revenue department;
G. “division” means the local government division of the department of finance and administration;
H. “enhanced 911 system” means a telephone system consisting of network, database and on-premises equipment that utilizes the single three-digit number 911 for reporting police, fire, medical or other emergency situations, thereby enabling the users of a public telephone system to reach a public safety answering point to report emergencies by dialing 911, and includes the capability to:
(1) selectively route incoming 911 calls to the appropriate public safety answering point operating in a 911 service area; and
(2) automatically display the name, address and telephone number of an incoming 911 call on a video monitor at the appropriate public safety answering point;
I. “enhanced 911 equipment” means the customer premises equipment directly related to the operation of an enhanced 911 system, including, but not limited to, automatic number identification or automatic location identification controllers and display units, printers, cathode ray tubes and software associated with call detail recording;
J. “equipment supplier” means any person or entity who provides or offers to provide telecommunications equipment necessary for the establishment of enhanced 911 services;
K. “local 911 surcharge” means the additional charge imposed by a local governing body of a community served by a local exchange telephone company that has not otherwise provided for enhanced 911 capability in its network in order to provide funding for the local governing body to pay for development of the network and database;
L. “local exchange access line” means any telephone line that connects a local exchange service customer to the local switching office and has the capability of reaching local public safety service agencies, but does not include any line used by a carrier for the provision of interexchange services;
M. “local exchange area” means a geographic area encompassing one or more local communities, as described in maps, tariffs or rate schedules filed with the commission, where local exchange rates apply;
N. “local exchange service” means the transmission of two-way interactive switched voice communications furnished by a local exchange telephone company within a local exchange area, including access to enhanced 911 systems;
O. “local exchange telephone company” means a telecommunications company as defined by Subsection M of Section 63-9A-3 NMSA 1978, certified to provide local exchange service;
P. “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 [Chapter 3 NMSA 1978];
Q. “network” means any system designed to provide one or more access paths for communications between users at different geographic locations; provided that a system may be designed for voice, data or both and may feature limited or open access and may employ appropriate analog, digital switching or transmission technologies;
R. “network and database surcharge” means the monthly uniform charge assessed on each local exchange service customer in the state for each local exchange access line to pay for the costs of developing and maintaining a network and database for a 911 emergency system; and
S. “public safety answering point” means a twenty-four-hour local jurisdiction communications facility that receives 911 service calls and directly dispatches emergency response services or that relays calls to the appropriate public or private safety agency.
N.M. Stat. Ann. § 63-9D-4 (1997)
§ 63-9D-4. Provision For 911 Services By Local Governing Bodies; 911 System Costs and Network And Database Costs; Payment of Costs; Joint Powers Agreements; Aid Outside Jurisdictional Boundaries
A. A local governing body may incur costs for the purchase or lease, installation and maintenance of equipment necessary for the establishment of a 911 system at public safety answering points and may pay such costs through disbursements from the enhanced 911 fund. Necessary network and database costs may be recovered by a local governing body from the network and database fund in amounts approved by the state board of finance.
B. If the enhanced 911 system is to be provided for territory that is included in whole or in part in the jurisdiction of the local governing bodies of two or more public agencies that are the primary providers of emergency fire fighting, law enforcement, ambulance, emergency medical or other emergency services, the agreement for the procurement of the necessary equipment for a 911 system shall be entered into by each local governing body, unless a local governing body expressly excludes itself from the agreement. Any agreement shall provide that each local governing body not excluded from the agreement shall make payment therefor from general revenues. Nothing in this subsection shall be construed to prevent two or more such local governing bodies from entering into a contract to establish a separate legal entity, that is, separate governing body, and thereunder to enter into an agreement as the enhanced 911 customer.
C. All public agencies in a 911 system shall provide that once an emergency unit is dispatched in response to a request for aid through the 911 system, the emergency unit shall render services to the requester without regard to whether the unit is operating outside its normal jurisdictional boundaries.
N.M. Stat. Ann. § 63-9D-5 (1997)
§ 63-9D-5. Imposition of Surcharge; Notification
There is imposed a 911 emergency surcharge in the amount of twenty-five cents ($.25) and a network and database surcharge in the amount of twenty-six cents ($.26) to be billed by local exchange telephone companies on all local exchange access lines in the state; provided, however, that a 911 emergency surcharge and the network and database surcharge shall not be imposed upon local exchange service customers receiving reduced rates pursuant to the Low Income Telephone Service Assistance Act [63-9C-1 to 63-9C-6 NMSA 1978]. The 911 emergency surcharge shall commence with the first billing period of each customer on or following ninety days after the effective date of the Enhanced 911 Act [this article]. The network and database surcharge shall commence with the first billing period of each customer on or following ninety days after July 1, 1993. Each local governing body shall notify the division and the local exchange telephone company providing local exchange service to the 911 service area of the boundaries of the 911 service area and the costs to the local governing body of purchasing or leasing, installing and maintaining the equipment necessary to provide 911 emergency services in the 911 service area. Each local governing body that seeks funding for its 911 system shall file an application with the division requesting approval of the state board of finance for disbursement from the enhanced 911 fund and the network and database fund.
N.M. Stat. Ann. § 63-9D-6 (1997)
§ 63-9D-6. Participation In Funds; Liability of User For Surcharge; Collection; Uncollected Amounts
A. The local governing body may, by ordinance or resolution, recover from the enhanced 911 fund and the network and database fund an amount necessary to recover the costs of purchasing, leasing, installing and maintaining equipment and the costs of developing and maintaining a network and database necessary to provide a 911 emergency system in its designated 911 service area.
B. Local exchange telephone companies shall be required to bill and collect the 911 emergency surcharge and the network and database surcharge from their local exchange service customers. The 911 emergency surcharge and the network and database surcharge required to be collected by the local exchange telephone company shall be added to and shall be stated in the billings to the local exchange service customer. The money collected by the local exchange telephone company as the 911 emergency surcharge and the network and database surcharge shall not be considered as revenues of the local exchange telephone company.
C. Every billed local exchange service customer is liable for payment of the 911 emergency surcharge and the network and database surcharge until they have been paid to the local exchange telephone company.
D. The local exchange telephone company has no obligation to take any legal action to enforce the collection of the 911 emergency surcharge or the network and database surcharge. An action may be brought by or on behalf of the department. The local exchange telephone company shall annually provide the department a list of the amounts uncollected along with the names and addresses of those local exchange service customers who carry a balance that can be determined by the local exchange telephone company to be the nonpayment of the 911 emergency surcharge and the network and database surcharge. The local exchange telephone company shall not be held liable for uncollected amounts.
N.M. Stat. Ann. § 63-9D-7 (1997)
§ 63-9D-7. Remittance of Charges; Administrative Fee; Audits
A. Amounts collected by reason of the 911 emergency surcharge and the network and database surcharge shall be remitted monthly to the department, which shall administer and enforce collection of each surcharge in accordance with the Tax Administration Act [Chapter 7, Article 1 NMSA 1978]. The amount of the 911 emergency surcharge and the network and database surcharge shall be remitted to the department no later than the twenty-fifth day of the month following the month in which the surcharge was imposed. At that time, a return for the preceding month shall be filed with the department in such form as the department and local exchange telephone company shall agree upon. The local exchange telephone company required to file the return shall deliver the return together with a remittance of the amount of the 911 emergency surcharge and the network and database surcharge payable to the department. The local exchange telephone company shall maintain a record of the amount of each charge collected pursuant to the Enhanced 911 Act [this article]. The record shall be maintained for a period of three years after the time the charges were collected.
B. From every remittance to the department made on or before the date when it becomes due, the local exchange telephone company required to make a remittance shall be entitled to deduct and retain one percent of the collected amount or fifty dollars ($50.00), whichever is greater, as the cost of administration for collecting the 911 emergency surcharge and the network and database surcharge.
N.M. Stat. Ann. § 63-9D-8 (1997)
§ 63-9D-8. Enhanced 911 Fund; Creation; Administration; Disbursement; Reports To Legislature
A. There is created in the state treasury a fund which shall be known as the “enhanced 911 fund”. The enhanced 911 fund shall be administered by the division.
B. All money remitted to the department as a result of collection of the 911 emergency surcharge shall be deposited in the enhanced 911 fund.
C. All money deposited in the enhanced 911 fund and all income earned by investment of the fund are hereby appropriated for expenditure in accordance with the Enhanced 911 Act [this article] and shall not revert to the general fund.
D. Payments shall be made from the enhanced 911 fund to participating local governing bodies upon vouchers signed by the director of the division.
E. Money in the enhanced 911 fund may be used for the purchase, lease, installation or maintenance of equipment necessary for a 911 system, including the repayment of bonds issued pursuant to the Enhanced 911 Bond Act [63-9D-12 to 63-9D-20 NMSA 1978]. Annually, the division may expend no more than five percent of all money deposited annually in the enhanced 911 fund for the purpose of administrating and coordinating activities associated with implementation of the Enhanced 911 Act.
F. The division shall report to the legislature each session as to the status of the enhanced 911 fund and whether the current level of the 911 emergency surcharge is adequate, excessive or insufficient to fund the anticipated needs for the next year.
N.M. Stat. Ann. § 63-9D-8.1 (1997)
§ 63-9D-8.1. Division Powers
A. The division may adopt such reasonable rules as are deemed necessary to carry out the provisions of the Enhanced 911 Act [this article].
B. The division shall have the authority to fund basic 911 systems pursuant to the provisions of the Enhanced 911 Act.
C. The division and the local governing body shall have the authority to establish 911 service areas.
D. Unless otherwise provided by law, no rule affecting any person, agency, local governing body or local exchange telephone company shall be adopted, amended or repealed without a public hearing on the proposed action before the director of the division or a hearing officer designated by him. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule or proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons or agencies who have made a written request for advance notice of the hearing and to all local governing bodies and local exchange telephone companies.
E. All rules shall be filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].
N.M. Stat. Ann. § 63-9D-8.2 (1997)
§ 63-9D-8.2. Network and Database Surcharge Fund; Creation; Administration; Disbursement
A. There is created in the state treasury the “network and database surcharge fund”. The network and database surcharge fund shall be administered by the division.
B. All money remitted to the department as a result of the network and database surcharge shall be deposited in the network and database surcharge fund.
C. All money deposited in the network and database surcharge fund and all income earned by investment of the network and database surcharge fund are hereby appropriated for expenditure in accordance with the provisions of the Enhanced 911 Act [this article] and shall not revert to the general fund.
D. Payments shall be made from the network and database surcharge fund to participating local governing bodies upon vouchers signed by the director of the division.
E. Annually, the division may expend no more than two and one-half percent of all money deposited annually in the network and database surcharge fund for the purpose of administering and coordinating activities associated with implementation of the network and database surcharge fund.
F. Money in the network and database surcharge fund may be awarded as grant assistance upon application of local governing bodies to the division and approval by the state board of finance. If it is anticipated that insufficient funds will be available to pay all requests for grants, the state board of finance may reduce the percentage of assistance to be awarded. In the event of such a reduction, the state board of finance may award supplemental grants to local governing bodies that can demonstrate financial hardship.
N.M. Stat. Ann. § 63-9D-9 (1997)
§ 63-9D-9. Agreements or Contracts For 911 Systems; Use of Funds Collected; Transfer of Funds
A. Money received by a local governing body from the enhanced 911 fund shall be spent solely to pay for 911 equipment costs, associated installation costs and maintenance costs necessary to provide enhanced 911 services. Money received as a result of the network and database surcharge shall be spent solely to pay for the network capability and database for an enhanced 911 system.
B. Money received by a local governing body from the local 911 surcharge shall be credited to separate cash funds, apart from the general fund of the local governing body, for network and database payments. Any local 911 surcharge money remaining on July 1, 1993 shall be transferred to the network and database surcharge fund.
N.M. Stat. Ann. § 63-9D-10 (1997)
§ 63-9D-10. Immunity
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 a 911 system, except for willful or wanton negligence or intentional acts, the local governing body, public agency, equipment supplier, local exchange telephone company and mobile telephone company including a cellular service company as defined in Subsection B of Section 63-9B-3 NMSA 1978, their employees and agents shall be immune from litigation or the payment of any damages in the performance of installing, maintaining or providing 911 systems and transmitting 911 calls.
N.M. Stat. Ann. § 63-9D-11 (1997)
§ 63-9D-11. Private Listing Subscribers and 911 Service
Private listing subscribers waive the privacy afforded by nonlisted or nonpublished numbers to the extent that the name and address associated with the telephone number may be furnished to the enhanced 911 system for call routing or for automatic retrieval of location information in response to a call initiated to 911.
N.M. Stat. Ann. § 63-9D-11.1 (1997)
§ 63-9D-11.1. Violation; Penalties
A. Any person who knowingly dials 911 for the purpose of reporting a false alarm, making a false complaint or reporting false information that results in an emergency response by any public safety agency is guilty of a petty misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500) or imprisonment for a term not to exceed six months, or both.
B. A municipality may adopt an ordinance making it a violation for any person to knowingly dial 911 for the purpose of reporting a false alarm, making a false complaint or reporting false information that results in an emergency response by any public safety agency. The municipality may adopt and enforce the ordinance pursuant to the authority provided in Section 3-17-1 NMSA 1978.
N.M. Stat. Ann. § 63-9D-12 (1997)
§ 63-9D-12. Short Title
Sections 63-9D-12 through 63-9D-20 NMSA 1978 may be cited as the “Enhanced 911 Bond Act”.
N.M. Stat. Ann. § 63-9D-13 (1997)
§ 63-9D-13. Definitions
As used in the Enhanced 911 Bond Act [63-9D-12 to 63-9D-20 NMSA 1978]:
A. “board” means the state board of finance;
B. “division” means the local government division of the department of finance and administration;
C. “enhanced 911 bonds” means the bonds authorized in the Enhanced 911 Bond Act;
D. “enhanced 911 project” means actions authorized under Section 63-9D-14 NMSA 1978 that pertain to a specific component of the 911 system; and
E. “pledged revenues” means the revenues to and the income of the enhanced 911 fund that are pledged to the payment of enhanced 911 bonds under the Enhanced 911 Bond Act.
N.M. Stat. Ann. § 63-9D-14 (1997)
§ 63-9D-14. Enhanced 911 Bonds; Authority To Issue; Pledge of Revenues; Limitation on Issuance
A. In addition to any other law authorizing the board to issue revenue bonds, the board may issue enhanced 911 bonds pursuant to the Enhanced 911 Bond Act [63-9D-12 to 63-9D-20 NMSA 1978] for the purposes specified in this section.
B. Enhanced 911 bonds may be issued for acquiring, extending, enlarging, bettering, repairing, improving, constructing, purchasing, furnishing, equipping or rehabilitating the enhanced 911 system. The board may pledge irrevocably any or all of the projected revenues of the enhanced 911 fund, specifically including the 911 emergency surcharge authorized under the Enhanced 911 Act [this article], to the payment of the interest on and principal of such bonds. Any general determination by the board that any facilities or equipment are reasonably related to and shall constitute a part of a specified enhanced 911 project shall be conclusive if set forth in the proceedings authorizing the enhanced 911 bonds.
N.M. Stat. Ann. § 63-9D-15 (1997)
§ 63-9D-15. Use of Proceeds of Bond Issue
It is unlawful to divert, use or expend any money received from the issuance of enhanced 911 bonds for any purpose other than the purposes for which the bonds were issued.
N.M. Stat. Ann. § 63-9D-16 (1997)
§ 63-9D-16. Enhanced 911 Bonds; Terms
Enhanced 911 bonds:
A. shall bear interest at a coupon rate or coupon rates not exceeding the maximum coupon rate which is permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978]; provided that interest shall be payable annually or semiannually and may or may not be evidenced by coupons; and provided further that the first interest payment date may be for interest accruing for any period not exceeding one year;
B. may be subject to a prior redemption at the board’s option at such time or times and upon such terms and conditions, with or without the payment of such premium or premiums, as may be provided by action of the board;
C. may mature at any time or times not exceeding twenty years after the date of issuance;
D. may be serial in form and maturity or may consist of one bond payable at one time or in installments;
E. shall be sold for cash at, above or below par and at a price which results in a net effective interest rate which does not exceed the maximum permitted by the Public Securities Act; and
F. may be sold at public or private sale.
N.M. Stat. Ann. § 63-9D-17 (1997)
§ 63-9D-17. Bond Authorization
The board may issue and sell enhanced 911 bonds in compliance with the Enhanced 911 Bond Act [63-9D-12 to 63-9D-20 NMSA 1978]. The board shall schedule the issuance and sale of the bonds in the most expeditious and economical manner upon a finding by the board that the division has certified that the need exists for the issuance of bonds and upon an action by the board designating the enhanced 911 fund to be the source of pledged revenues.
N.M. Stat. Ann. § 63-9D-18 (1997)
§ 63-9D-18. Authority To Refund Bonds
A. The board may issue and sell at public or private sale enhanced 911 bonds to refund outstanding enhanced 911 bonds and other bonds payable from the enhanced 911 fund by exchange, immediate or prospective redemption, cancellation or escrow, including the escrow of debt service funds accumulated for payment of outstanding bonds, or any combination thereof, when, in its opinion, such action will be beneficial to the state.
B. In performing an advanced refunding, the board shall use the level savings method of advance refunding to the greatest extent possible.
C. No bonds shall be issued to refund outstanding enhanced 911 bonds or other bonds payable from the enhanced 911 fund if any of the refunding bonds have maturity dates after the latest maturity date of a bond to be refunded.
N.M. Stat. Ann. § 63-9D-19 (1997)
§ 63-9D-19. Enhanced 911 Bonds not General Obligations; Authentication
A. Enhanced 911 bonds or refunding bonds issued as authorized by the Enhanced 911 Bond Act [63-9D-12 to 63-9D-20 NMSA 1978] are:
(1) not general obligations of the state; and
(2) collectible only from the proper pledged revenues, and each bond shall state that it is payable solely from the pledged revenues, and that the bondholders may not look to any other state fund for the payment of the interest and principal of the bonds.
B. The bonds and coupons shall be signed and sealed as provided by the resolution of the board issuing the bond, and the Uniform Facsimile Signature of Public Officials Act [6-9-1 to 6-9-6 NMSA 1978] shall be applicable.
N.M. Stat. Ann. § 63-9D-20 (1997)
§ 63-9D-20. Amount of Surcharge; Security for Bonds
A. Notwithstanding the amount of the 911 emergency surcharge set forth in Subsection A of Section 63-9D-5 NMSA 1978, the legislature shall provide for the continued imposition, collection and deposit of the 911 emergency surcharge into the enhanced 911 fund in amounts that, together with other amounts deposited into the fund, will be sufficient to produce an amount necessary to meet annual debt service charges on all outstanding enhanced 911 bonds.
B. The legislature shall not repeal, amend or otherwise modify any law that affects the 911 emergency surcharge in a manner that impairs any outstanding enhanced 911 bonds secured by a pledge of the 911 emergency surcharge unless:
(1) the outstanding enhanced 911 bonds have been discharged in full; or
(2) provision has been made to discharge fully the outstanding enhanced 911 bonds.
C. The terms of any bonds issued after the effective date of this section shall not conflict with the provisions of this section.
D. Nothing in this section shall require any increase in the 911 emergency surcharge set forth in Subsection A of Section 63-9D-5 NMSA 1978.
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