reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-4.1 - Repealed.

History:
Laws 2003, ch. 339, § 1; repealed by Laws 2017, ch. 122, § 11.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 122, § 11 repealed 63-9D-4.1 NMSA 1978, as enacted by Laws 2003, ch. 339, § 1, relating to email notification, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-6 - Repealed.

History:
Laws 1989, ch. 25, § 6; 1990, ch. 87, § 1; 1993, ch. 48, § 7; 2001, ch. 110, § 4; repealed Laws 2005, ch. 203, § 15.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 203, § 15 repealed 63-9D-6 NMSA 1978, as enacted by Laws 1989, ch. 25, § 6, relating to subscriber liability for payment of the 911 emergency surcharge and the network and database surcharge, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-7 - Remittance of charges; administrative fee.

A. The surcharge collected shall be remitted monthly to the department, which shall administer and enforce collection of the surcharge in accordance with the Tax Administration Act [Chapter 7, Article 1 NMSA 1978]. The 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 communications service provider shall agree upon. A communications service provider required to file a return shall deliver the return together with a remittance of the amount of the surcharge payable to the department. The communications service provider shall maintain a record of the amount of each surcharge collected pursuant to the Enhanced 911 Act. The record shall be maintained for a period of three years after the time the surcharges were collected.
B. From a remittance to the department made on or before the date it becomes due, a telecommunications company or commercial mobile radio service provider 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 administrative cost for collecting the surcharge.
History:
Laws 1989, ch. 25, § 7; 1993, ch. 48, § 8; 2001, ch. 110, § 5; 2005, ch. 203, § 4; 2017, ch. 122, § 3.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, changed references to "telecommunications company or commercial mobile radio service provider" to "communications service provider"; in Subsection A, replaced "telecommunications company or commercial mobile radio" with "communications" throughout the subsection.
The 2005 amendment,
effective July 1, 2005, deleted references to the 911 emergency surcharge and the network and database surcharge; and changed "telecommunications company" to "telecommunications company or commercial mobile radio services provider".
The 2001 amendment,
effective July 1, 2001, substituted "telecommunications company" for "local exchange telephone company" and "surcharge" for "charge" throughout the section and made stylistic changes.
The 1993 amendment,
effective July 1, 1993, inserted "and the network and database surcharge" in the first and second sentences of Subsection A and at the end of Subsection B; rewrote the second sentence of Subsection A which read "The amount of the charge collected in one month by the local exchange telephone company shall be remitted to the department no later than sixty days after the end of the month"; substituted "three years" for "one year" and "charges were" for "charge was" in the final sentence of Subsection A; and deleted former Subsections C through F, relating to audits of local exchange telephone companies and the collection and remittance of local 911 surcharge amounts.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-8.1 - Division powers.

A. The division may adopt reasonable rules necessary to carry out the provisions of the Enhanced 911 Act.
B. The division may fund enhanced 911 systems pursuant to the provisions of the Enhanced 911 Act.
C. Division powers are limited and do not include power to intervene between two vendors or restrict marketing efforts of vendors.
D. The division and the local governing body may establish 911 service areas.
E. Unless otherwise provided by law, no rule affecting any person, agency, local governing body or communications service provider 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 the director. 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 communications service providers.
F. All rules shall be filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
1978 Comp., § 63-9D-8.1, enacted by Laws 1990, ch. 87, § 3; 1993, ch. 48, § 10; 2001, ch. 110, § 7; 2005, ch. 203, § 6; 2017, ch. 122, § 5.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, changed references to "telecommunications company or commercial mobile radio service provider" to "communications service provider"; in Subsection E, replaced "commercial mobile radio" with "communications" and deleted all references to "telecommunications companies" throughout the subsection.
The 2005 amendment,
effective July 1, 2005, added Subsection C and relettered the succeeding subsections accordingly.
The 2001 amendment,
effective July 1, 2001, substituted "may" for "should have the authority to" in Subsections B and C; in Subsection D, substituted "commercial mobile radio service provider or telecommunications company" for "or local exchange telephone company" at the beginning and substituted "telecommunications companies and commercial mobile radio service providers" for "and local exchange telephone companies" and made stylistic changes.
The 1993 amendment,
effective July 1, 1993, added current Subsections B and C and redesignated former Subsections B and C as Subsections D and E.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-8.2 - Repealed.

History:
Laws 1993, ch. 48, § 11; 2001, ch. 110, § 8; repealed Laws 2005, ch. 203, § 15.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 203, § 15 repealed 63-9D-8.2 NMSA 1978, as enacted by Laws 1993, ch. 48, § 11, relating to network and database surcharge fund, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-9 - Repealed.

History:
Laws 1989, ch. 25, § 9; 1993, ch. 48, § 12; 2001, ch. 110, § 9; repealed Laws 2005, ch. 203, § 15.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 203, § 15 repealed 63-9D-9 NMSA 1978, as enacted by Laws 1989, ch. 25, § 9, relating to use of funds collected, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-9.1 - Repealed.

History:
Laws 2001, ch. 110, § 12; repealed Laws 2005, ch. 203, § 15.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 203, § 15 repealed 63-9D-9.1 NMSA 1978, as enacted by Laws 2001, ch. 110, § 12, relating to wireless enhanced 911 fund, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-9.2 - Repealed.

History:
Laws 2001, ch. 110, § 13; 2002, ch. 18, § 6; repealed Laws 2005, ch. 203, § 15.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 203, § 15 repealed 63-9D-9.2 NMSA 1978, as enacted by Laws 2001, ch. 110, § 13, relating to imposition of enhanced wireless 911 surcharge, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-9.3 - Repealed.

History:
Laws 2001, ch. 110, § 14; repealed Laws 2005, ch. 203, § 15.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 203, § 15 repealed 63-9D-9.3 NMSA 1978, as enacted by Laws 2001, ch. 110, § 14, relating to remittance of surcharges to the taxation and revenue department, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 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 intentional acts, the local governing body, public agency, equipment supplier, communications service provider and their officers, directors, vendors, employees and agents are not liable for damages resulting from installing, maintaining or providing enhanced 911 systems or transmitting 911 calls.
History:
Laws 1989, ch. 25, § 10; 2001, ch. 110, § 10; 2005, ch. 203, § 7; 2017, ch. 122, § 6.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, removed negligent acts as exceptions to the immunity provision, and changed references to "telecommunications company or commercial mobile radio service provider" to "communications service provider"; after "except for", deleted "willful or wanton negligence or", after "equipment supplier,", deleted "telecommunications company, commercial mobile radio" and added "communications", and after "provider and their", added "officers, directors, vendors".
The 2005 amendment,
effective July 1, 2005, changed "911 systems" to "enhanced 911 systems" throughout the section.
The 2001 amendment,
effective July 1, 2001, substituted "telecommunications company, commercial mobile radio service provider, and" for "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"; substituted "are not liable for damages resulting from" for "shall be immune from litigation or the payment of any damages in the performance of"; and substituted "or transmitting 911 calls" for "and transmitting 911 calls".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-11 - Private listing subscribers and 911 service.

A. Private listing subscribers waive the privacy afforded by nonlisted or nonpublished numbers only 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.
B. Information regarding the identity of private listing subscribers provided by a communications service provider, including names, addresses, telephone numbers or other identifying information, is not a public record and is not available for inspection.
C. Proprietary information provided by a communications service provider is not public information and may not be released to any person without the express permission of the submitting provider, except that information may be released or published as aggregated data that does not identify the number of subscribers or identify enhanced 911 system costs attributable to an individual communications service provider.
History:
Laws 1989, ch. 25, § 11; 2001, ch. 110, § 11; 2005, ch. 203, § 8; 2017, ch. 122, § 7.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, provided that information regarding the identity of private listing subscribers provided by communications service providers is not a public record and that proprietary information provided by a communications service provider is not public information, and changed references to "telecommunications company or commercial mobile radio service provider" to "communications service provider"; in Subsection B, after "private listing subscribers", added "provided by a communications service provider"; and in Subsection C, replaced "commercial mobile radio" with "communications" and deleted references to "telecommunications companies" throughout the subsection.
The 2005 amendment,
effective July 1, 2005, changed "mobile radio service provider" to "mobile radio service provider or telecommunications company" in two places in Subsection C.
The 2001 amendment,
effective July 1, 2001, added the Subsection A designation and inserted "only" following "nonpublished numbers"; and added Subsections B and C.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 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 or a county 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. The county may adopt and enforce the ordinance pursuant to the authority provided in Section 4-37-1 NMSA 1978.
History:
Laws 1993, ch. 48, § 13; 2017, ch. 122, § 8.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, authorized counties to 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; and in Subsection B, after "municipality", added "or a county", and added the last sentence of the subsection.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-12 - Short title.

Sections 63-9D-12 through 63-9D-20 NMSA 1978 may be cited as the "Enhanced 911 Bond Act".
History:
Laws 1990, ch. 61, § 1; 1992, ch. 102, § 1.
ANNOTATIONS
The 1992 amendment,
effective March 10, 1992, substituted "Sections 63-9D-12 through 63-9D-20 NMSA 1978" for "Sections 1 through 8 of this act".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-13 - Definitions.

As used in the Enhanced 911 Bond Act:
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 enhanced 911 system; and
E. "enhanced 911 revenue" means the revenue 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.
History:
Laws 1990, ch. 61, § 2; 1992, ch. 102, § 2; 2001, ch. 110, § 15; 2005, ch. 203, § 9.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, deleted former Subsection F, which defined "network and data base surcharge revenue"; and deleted former Subsection G, which defined "wireless enhanced 911 revenue".
The 2001 amendment,
effective July 1, 2001, substituted "enhanced 911 revenue" for "pledged revenue" in Subsection E; and added Subsections F and G.
The 1992 amendment,
effective March 10, 1992, substituted "Section 63-9D-14 NMSA 1978" for "Section 3 of the Enhanced 911 Bond Act" in Subsection D.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 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.
History:
Laws 1990, ch. 61, § 4.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 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.
History:
Laws 1990, ch. 61, § 5.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 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.
History:
Laws 1990, ch. 61, § 6; 2001, ch. 110, § 17; 2005, ch. 203, § 11.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, deleted references to the "network and data base surcharge fund" and the "wireless enhanced 911 fund".
The 2001 amendment,
effective July 1, 2001, inserted "the network and database surcharge fund or the wireless enhanced 911 fund" towards the end of the section.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-18 - Authority to refund bonds.

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.
History:
Laws 1990, ch. 61, § 7; 1992, ch. 102, § 4; 2001, ch. 110, § 18; 2005, ch. 203, § 12.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, deleted former Subsection B, which provided that no enhanced 911 bonds that are secured by enhanced 911 revenues or database surcharge revenues shall be refunded by enhanced 911 bonds and that no enhanced 911 bonds that are secured by wireless enhanced 911 revenues shall be refunded by enhanced 911 bonds that are secured by enhanced 911 revenues or network and database surcharge revenues.
The 2001 amendment,
effective July 1, 2001, substituted the present Subsection B for former Subsections B and C, which contained provisions for the use of the level savings method of advance refunding when performing advanced refunds, and prohibiting the refund of bonds past their maturity dates, respectively.
The 1992 amendment,
effective March 10, 1992, substituted "board" for "state board of finance" near the beginning of Subsections A and B; and substituted "enhanced 911 fund" for "enhanced 911 bond fund" near the middle of Subsection A.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 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.
History:
Laws 1990, ch. 61, § 8.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9D - Enhanced 911 › Section 63-9D-20 - Amount of surcharge; security for bonds.

A. 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 respective 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 to which the revenues from the surcharge are pledged have been discharged in full; or
(2) provision has been made to discharge fully the outstanding enhanced 911 bonds to which the revenues from the surcharge are pledged.
C. Nothing in this section shall require any increase in the 911 emergency surcharge.
History:
1978 Comp., § 63-9D-20, enacted by Laws 1992, ch. 102, § 5; 2001, ch. 110, § 19; 2005, ch. 203, § 13.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, deleted references to the "network and database surcharge", the "wireless enhanced 911 surcharge" the "network and database surcharge fund", and the "wireless enhanced 911 surcharge fund".
The 2001 amendment,
effective July 1, 2001, expanded the provisions of the section to provide for the network and database surcharge and fund and the wireless enhanced 911 surcharge and fund; deleted "Notwithstanding the amount of the 911 emergency surcharge set forth in Subsection A of Section 63-9D-5 NMSA 1978" from the beginning of Subsection A; inserted "to which the revenues from such surcharges are pledged" in Paragraphs B(1) and (2); deleted former Subsection C regarding bonds issued after the effective date of the section; and substituted "the network and database surcharge or the wireless enhanced 911 surcharge" for "set forth in Subsection A of Section 63-9D-5 NMSA 1978" in present Subsection C.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9E - Private Pay Telephone Services › Section 63-9E-1 - Pay telephones; credit cards for intrastate telephone calls.

Every privately owned, instrument implemented coin or coinless telephone capable of reselling public telecommunications services in New Mexico must be able to accept for intrastate telephone calls the same credit card accounts accepted for such calls at any pay telephone owned by a local exchange company operating in the same area.
History:
Laws 1989, ch. 229, § 1.
ANNOTATIONS
Cross references.
— For power of public regulation commission to impose fines on telecommunications providers,
see
63-7-23 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9E - Private Pay Telephone Services › Section 63-9E-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 175, § 2, repealed 63-9E-2 NMSA 1978, as enacted by Laws 1989, ch. 229, § 2, relating to penalties for violation of state corporation commission regulations governing the use of private pay telephones, effective June 16, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
63-7-23 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9E - Private Pay Telephone Services › Section 63-9E-3 - [Calls to operator at no charge.]

The caller using a pay phone shall be allowed to reach the operator at no charge.
History:
Laws 1989, ch. 229, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For power of public regulation commission to impose fines on telecommunications providers,
see
63-7-23 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9F - Telecommunications Access Act › Section 63-9F-1 - Short title.

Chapter 63, Article 9F NMSA 1978 may be cited as the "Telecommunications Access Act".
History:
Laws 1993, ch. 54, § 1; 2004, ch. 106, § 1.
ANNOTATIONS
The 2004 amendment,
effective July 1, 2005, changed "This act" to "Chapter 63, Article 9F NMSA 1978".
Compiler's notes.
— Laws 2004, ch. 106, § 9, effective July 1, 2005, provided that all records, equipment, supplies and other property of the general services department relating to the department's duties pursuant to the Telecommunications Access Act shall be transferred to the commission for deaf and hard-of-hearing persons; and all contracts of the general services department relating to the department's duties pursuant to the Telecommunications Access Act shall be binding on the commission for deaf and hard-of-hearing persons.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9F - Telecommunications Access Act › Section 63-9F-2 - Findings and purpose.

A. The legislature finds that:
(1) it supports those provisions of the federal Americans with Disabilities Act of 1990 that address the need to provide telecommunications access to all citizens;
(2) many New Mexicans are hearing or speech impaired and because of their impairment are unable to use traditional telecommunications equipment and services without assistance; and
(3) the state's hearing or speech impaired citizens are a substantial and valuable resource and their participation as contributing and productive members of our society would be enhanced substantially if full access to telecommunications service were made available to them.
B. It is the purpose of the Telecommunications Access Act to provide a statutory framework and funding under which the opportunity for full access to telecommunications services is made available to hearing or speech impaired New Mexicans.
History:
Laws 1993, ch. 54, § 2.
ANNOTATIONS
Cross references.
— For the federal Americans with Disabilities Act of 1990,
see
Titles 29, 42, and 47 of the United States Code.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9F - Telecommunications Access Act › Section 63-9F-4 - Specialized telecommunications equipment program established.

The commission shall design, establish and administer a program for providing specialized telecommunications equipment to impaired individuals. The commission shall adopt regulations for the program that:
A. shall include eligibility requirements for participation in the program, which requirements:
(1) shall provide financial eligibility conditions; and
(2) shall include provisions for determining eligibility thresholds based on:
(a) the quality and severity of the individual's impairment;
(b) the availability of current telecommunications services at the individual's place of residence;
(c) New Mexico residency; and
(d) minimum age;
B. establish detailed procedures and forms to be used by impaired individuals wishing to apply for participation in the program;
C. establish minimum training requirements for all applicants receiving telecommunications equipment regarding etiquette and use of telecommunications equipment;
D. include a statewide survey and information gathering component to identify the extent of the hearing and speech impairment problem in the state, the number of impaired individuals in the state and the existence and availability of any specialized telecommunications equipment; and
E. include an outreach component designed to provide information about and facilitate access to the program for impaired individuals.
History:
Laws 1993, ch. 54, § 4; 1995, ch. 39, § 1.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, deleted former Paragraph A(2), which read "may include provisions for participation by impaired individuals in the cost of acquiring specialized telecommunications equipment"; designated former Paragraph A(3) as Paragraph A(2); inserted the subparagraph designation (a) in Paragraph A(2) and added Subparagraphs A(2)(b) through A(2)(d); added Subsection C; and redesignated former Subsections C and D as Subsections D and E.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9F - Telecommunications Access Act › Section 63-9F-5 - Repealed.

History:
Laws 1993, ch. 54, § 5; 1995, ch. 39, § 2; repealed by Laws 2004, ch. 106, §10.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 106, § 10, repealed 63-9F-5 NMSA 1978, as enacted by Laws 1993, ch. 54, § 5, relating to implementation of a specialized telecommunications program, effective July 1, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9F - Telecommunications Access Act › Section 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 [13-1-28 to 13-1-199 NMSA 1978] 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.
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 regulations adopted pursuant to those laws.
History:
Laws 1993, ch. 54, § 6; 2004, ch. 106, § 3.
ANNOTATIONS
The 2004 amendment,
effective July 1, 2005, in Subsection A, deleted "department, in consultation with the" and deleted the last sentence; and in Subsections B and C, deleted "department, after consultation with" and changed "department" to "commission".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9F - Telecommunications Access Act › Section 63-9F-7 - Repealed.

History:
Laws 1993, ch. 54, § 7; repealed by Laws 2004, ch. 106, §10.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 106, § 10, repealed 63-9F-7 NMSA 1978, as enacted by Laws 1993, ch. 54, § 7, relating to the duties of the general services department pursuant to the Telecommunications Access Act, effective July 1, 2005. For provisions of the former section,
see
the 2004 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9F - Telecommunications Access Act › Section 63-9F-8 - Commission duties; power to audit.

A. The commission shall perform all actions necessary to carry out the provisions of the Telecommunications Access Act, including;
(1) promulgating and administering such policies, procedures and rules as are necessary to comply with the purpose of that act and to ensure that the specialized telecommunications equipment program and the relay system are in compliance with the applicable state and federal laws and rules adopted pursuant to those laws;
(2) obtaining certification from the federal communications commission that the telecommunications relay system is in compliance with applicable federal rules;
(3) making expenditures for the specialized telecommunications equipment program and the telecommunications relay system;
(4) ensuring the quality of the telecommunications relay system and the satisfaction of its users;
(5) identifying the need for specialized telecommunications equipment by impaired individuals;
(6) identifying the problems that impaired individuals have in acquiring specialized telecommunications equipment; and
(7) providing funding for the specialized telecommunications equipment program.
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. Audits conducted pursuant to this subsection shall be at the expense of the requesting agency.
History:
Laws 1993, ch. 54, § 8; 1995, ch. 39, § 3; 2004, ch. 106, § 4.
ANNOTATIONS
The 2004 amendment,
effective July 1, 2005, rewrote this section to the extent that a detailed comparison was impracticable.
The 1995 amendment,
effective June 16, 1995, in Subsection A, substituted "create" for "review and recommend" at the beginning and inserted "review and recommend policies, procedures and regulations governing the administration of", and rewrote Subsection H which read "identify funding sources available to provide specialized telecommunications equipment needed by impaired individuals".
ANNOTATIONS
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9F - Telecommunications Access Act › Section 63-9F-9 - Limit on liability.

The commission and 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.
History:
Laws 1993, ch. 54, § 9; 2004, ch. 106, § 5.
ANNOTATIONS
The 2004 amendment,
effective July 1, 2005, after "the commission", deleted "the department".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9F - Telecommunications Access Act › Section 63-9F-10 - Complaints.

All complaints, including complaints about the service provided by the telecommunications relay system, the provider of the telecommunications relay system or the operation and administration of the telecommunications relay system, shall be made directly to the commission.
History:
Laws 1993, ch. 54, § 10.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9F - Telecommunications Access Act › Section 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 to the commission for the purpose of carrying out the provisions of the Telecommunications Access Act. 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. The state 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 expenses incurred by the commission in administering that act. In addition, money in the fund is subject to appropriation by the legislature to the commission for the performance of its duties pursuant to Chapter 28, Article 11B NMSA 1978 and to the signed language interpreting practices fund for the purpose of defraying salary and other necessary expenses incurred by the signed language interpreting practices board. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert.
History:
Laws 1993, ch. 54, § 12; 2004, ch. 106, § 7; 2007, ch. 248, § 18.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, provided that money in the telecommunications access fund is subject to appropriation to the signed language interpreting practices fund to defray salary and necessary expenses incurred by the signed language interpreting practices board.
The 2004 amendment,
effective July 1, 2005, replaced "secretary of general services" and "department" with "executive director of the commission" and added: "incurred by the commission in the administration of the provisions of the Telecommunications Access Act. The state 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 expenses incurred by the commission in administering that act. In addition, money in the fund shall be available for appropriation by the legislature to the commission for the performance of its duties pursuant to Chapter 28, Article 11B NMSA 1978".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9F - Telecommunications Access Act › Section 63-9F-13 - Confidentiality of translated or relayed conversations; penalty for breach of confidentiality.

A. A communications assistant who is employed to translate or relay a conversation to or from an impaired individual is a conduit for the conversation and shall not disclose, or be compelled to disclose in any nonjudicial proceeding, the contents of the conversation.
B. A person who violates the provisions of Subsection A of this section is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 1993, ch. 54, § 13.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9G - Cramming and Slamming › Section 63-9G-1 - Short title.

Sections 1 through 9 [63-9G-1 to 63-9G-9 NMSA 1978] of this act may be cited as the "Cramming and Slamming Act".
History:
Laws 1999, ch. 138, § 1.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— State regulation of telephone "slamming", 92 A.L.R.5th 1.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9G - Cramming and Slamming › Section 63-9G-2 - Definitions.

As used in the Cramming and Slamming Act:
A. "billing aggregator" means a person that bills customers for goods or services provided by others and that uses a local exchange company as a billing agent;
B. "commission" means the public regulation commission;
C. "cramming" means:
(1) charging a customer for telecommunications services that were not authorized by the customer;
(2) charging a customer for goods or services that are not telecommunications services and were not authorized by the customer; or
(3) using a sweepstakes, contest or drawing entry form as authorization to change or add telecommunications services to a customer's telephone bill;
D. "customer" means the person whose name appears on the telephone bill or the person responsible for payment of the telephone bill;
E. "local exchange company" means a provider that provides local exchange services;
F. "local exchange services" means the transmission of two-way interactive communications within a local exchange area described in maps, tariffs or rate schedules filed with the commission where local exchange rates apply;
G. "provider" means a telephone company, transmission company, telecommunications common carrier, telecommunications company, cellular or other wireless telecommunications service company, cable television service, telecommunications reseller, billing aggregator or other person that bills directly or has a billing contract with a local exchange company;
H. "slamming" means:
(1) changing a customer's provider without the customer's authorization; or
(2) using a sweepstakes, contest or drawing entry form as authorization to change a customer's provider; and
I. "telecommunications service" means the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by wire, radio, lightwaves or other electromagnetic means or goods and services related to the transmission of information that are provided by the provider; provided that a good or service that does not meet the definition of "telecommunications service" does not become a telecommunications service merely because it is bundled with a telecommunications service for marketing or billing purposes.
History:
Laws 1999, ch. 138, § 2; 2023, ch. 186, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised the definition of "cramming"; and in Paragraph C(2), after "telecommunications services", added "and were not authorized by the customer".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9G - Cramming and Slamming › Section 63-9G-3 - Commission powers and duties.

A. The commission has jurisdiction over a billing aggregator to the extent of the billing aggregator's participation in billing for telecommunications services or other goods or services through a customer's telephone bill. Billing aggregators are subject to the provisions of the Cramming and Slamming Act.
B. The commission shall enforce the provisions of the Cramming and Slamming Act against anyone regulated in whole or in part by the commission or over whom the commission is given regulatory authority by state or federal law.
C. The commission may hold a provider liable for the actions of its employees, officers, affiliates and agents.
History:
Laws 1999, ch. 138, § 3.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9G - Cramming and Slamming › Section 63-9G-4 - Rules to implement act.

The commission shall promulgate:
A. rules on what constitutes authorization of a change or addition to telecommunications services or change in provider for the purposes of determining cramming or slamming, including consideration of the rules on authorization adopted by the federal communications commission;
B. rules and standards on responsibilities of parties in cramming and slamming;
C. rules to establish an expedited consideration process for resolution of complaints filed with the commission, including the filing and investigation of complaints; and
D. other rules needed to implement the provisions of the Cramming and Slamming Act.
History:
Laws 1999, ch. 138, § 4.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
Temporary provisions.
— Laws 1999, ch. 138, § 10, effective June 18, 1999, provided that it is the intent of the legislature that the public regulation commission begin its rulemaking process in time to have rules required by 63-9G-4 NMSA 1978 adopted and promulgated by July 1, 1999.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9G - Cramming and Slamming › Section 63-9G-5 - Complaints filed with commission; rules; administrative penalties.

A. The following acts are prohibited:
(1) cramming or slamming; and
(2) disconnecting or threatening to disconnect a customer's local exchange service because the customer refuses to pay charges resulting from cramming or slamming and the local exchange company has been notified of the cramming or slamming.
B. A customer or provider may file a complaint with the commission alleging cramming or slamming. A customer may file a complaint alleging disconnection or threats of disconnection to local exchange service. The commission may combine complaints.
C. If the commission finds after investigation and hearing that a provider engaged in cramming or slamming or disconnected or threatened to disconnect a customer's local exchange service, it may:
(1) assess an administrative penalty not to exceed ten thousand dollars ($10,000) for each occurrence of cramming or slamming or for each disconnection or threat to disconnect; or
(2) after other sanctions have failed, suspend or revoke the provider's certificate of authority or certificate of public convenience and necessity for a deliberate pattern of cramming or slamming or disconnection or threat of disconnection.
D. A person aggrieved by an order of the commission pursuant to this section may appeal to the district court as provided in Section 39-3-1.1 NMSA 1978.
E. The remedies and penalties provided for in the Cramming and Slamming Act are in addition to any other penalties that may be imposed pursuant to any other state law or any other remedies available to consumers.
History:
Laws 1999, ch. 138, § 5.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9G - Cramming and Slamming › Section 63-9G-6 - Cramming or slamming; customer absolution.

A. A customer who is crammed or slammed is absolved of liability for charges resulting from the cramming or slamming during the first ninety days after the cramming or slamming appeared on the customer's telephone bill. Nothing in this subsection affects the local exchange company or other billing agent from collecting credited amounts from the provider that crammed or slammed.
B. The customer may contact his local exchange company, his authorized provider or the unauthorized provider to report a cramming or slamming. The contacted provider shall notify the local exchange company promptly about the customer's allegation of cramming or slamming.
C. The commission shall promulgate rules that govern procedures for how disputed charges or changes are investigated and paid to the proper provider.
History:
Laws 1999, ch. 138, § 6.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 138, § 12 made the Cramming and Slamming Act effective July 1, 1999.