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Legislation Detail
CS\SB 137 RENAME ENHANCED 911 ACT
Sponsored By: Sen Michael Padilla

Actions: [2] STBTC/SFC-STBTC [6] DP/a-SFC [11] DNP-CS/DP - PASSED/S (38-2) [12] HJC/HAFC-HJC

Scheduled: Not Scheduled

Summary:
 Senate Bill 137 (SB 137) renames the Enhanced 911 Act; renames the Enhanced 911 Fund as the 911 Emergency Service Fund; renames the Enhanced 911 Bond Act as the 911 Bond Act; updates definitions, increases the 911 surcharge, and expands grant funding. 
Legislation Overview:
 Senate Bill 137 (SB 137) modifies current law as follows:

Titles related to 911 emergency service are renamed. The Enhanced 911 Act is renamed as the 911 Act, and states that an emergency telephone service provides enhanced capabilities through next generation 911, including: 1) the ability to process emergency communications through voice, text, video and data, increasing accessibility for all residents; 2) improved accuracy and efficiency in emergency response due to advanced geographic system capabilities and internet-protocol-based technologies; and 3) greater system resilience and redundancy to ensure continuous operation during emergencies; 

Language is added to state that including next generation 911 and advancing 911 technologies; 

The purpose of the 911 Act is expanded to include enablement of the development, installation and operation of next generation 911 and advancing 911 technologies;
A definition is added for "911 equipment", stating that it is the public safety answering point equipment directly related to the operation of a 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, next generation 911 core services and components;

A definition is added for "911 surcharge", stating that this is the monthly charge and prepaid wireless surcharge assessed on each access line in the state, on each active number for a commercial mobile radio service subscriber and on the number of voice-over-internet protocol lines for which the voice-over-internet protocol service provider enables the capacity for simultaneous calls to be connected to the public switched telephone network during the period for which the fixed charge is imposed, and the charge assessed on any other consumer purchase of communication service provided by a communications service provider for the purpose of emergency assistance. that enables communication between a person needing assistance;

"911 system" is defined as an integrated system or database that manages emergency calls and dispatches resources, including technological and procedural components involved in receiving, processing and responding to 911 calls and coordinating field responders;

Previous definitions for enhanced 911 surcharge, systems and equipment and “EsiNet” are deleted;

"Emergency services internet protocol network" is defined as an internet-protocol-based, multipurpose inter-network supporting local, regional, state and national public safety communications services in addition to 911;

A clarification is added that "NG-911" means "next generation 911";

A definition is added for "secondary public safety answering point", meaning a facility that receives 911 calls from the primary public safety answering point that provides additional services or information in support of the primary public safety answering point and includes facilities within Indian nations, tribes and pueblos located wholly within the state;
A definition is added for "voice-over-internet protocol service", which means a service that: (1) enables real-time, two-way voice communications; (2) requires a broadband connection from the user's location; (3) requires internet protocol-compatible customer premises equipment; and (4) allows users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network;

Primary or secondary public safety answering points are added to the entities that may incur costs for the purchase, lease, installation or maintenance of 911 equipment and training;
The surcharge is raised from fifty-one cents ($.51) to one dollar fifty cents ($1.50);

The definition of “prepaid wireless communication service” is revised as follows: “Prepaid wireless communication service" means a wireless communication service that allows the user to make 911 calls; is paid for in advance; is sold in predetermined units of time or dollars that decline with use in a known amount or provides unlimited use of the service for a fixed amount of time; and allows a user to access 911 emergency service;

The definition of "wireless communication service" is revised to mean a mobile service that is: (a) provided with the intent of receiving compensation or monetary gain; (b) an interconnected service; and (c) available to the public;

The process for adoption/change of rules is revised, now indicating that 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 taken as provided in the State Rules Act, with the additional requirements that notice of the public hearing shall be published 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;

Definitions as used in the Bonds Act are revised for “911 bonds”, “911 project”, and “911 revenue”; and

Various stylistic changes are made.
 
Current Law:
 The current law references uses the term “enhanced” in relation to 911 services and related terms. Current definitions do not include the updated terms and clarifications provided. The current surcharge is $.51, and expanded grant funding is not available. 
Amendments:
 Amended February 13, 2025 in STBTC

STBTCSa: SB 137: The Senate Tax, Business and Transportation Committee amends Senate Bill 137 as follows:

1. On page 14, lines 12 and 13, strike "one dollar fifty cents ($1.50)" and insert in lieu thereof "one dollar ($1.00)".
 
Committee Substitute:
 Committee Substitute February 26, 2025 in SFC

SFCcs/SB 137: The Senate Finance Committee’s Substitute for Senate Bill 137 repeals Section 63-9D-2 NMSA 1978.