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Section 63-9D-1 – Short title.

Sections 63-9D-1 through 63-9D-11.1 NMSA 1978 may be cited as the “Enhanced 911 Act”. History: Laws 1989, ch. 25, § 1; 1993, ch. 48, § 2; 1998, ch. 108, § 72. ANNOTATIONS The 1998 amendment, effective January 1, 1999, substituted “Sections 63-9D-1 through 63-9D-11.1” for “Chapter 63, Article 9D” at the beginning of the section.

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, […]

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 […]

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) […]

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”.

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 […]

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.

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 […]

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 […]

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, […]

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 […]

Section 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 […]

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. […]

Section 63-9D-3 – Definitions.

As used in the Enhanced 911 Act: A. “911 call” means any real-time communication, message, signal or transmission between a person needing assistance and a public safety answering point call-taker by dialing 9-1-1 or its equivalent; B. “911 service area” means the area designated by the fiscal agent, local governing body or the division to […]

Section 63-9D-4 – Provision for enhanced 911 services by local governing bodies; enhanced 911 system costs; payment of costs; joint powers agreements; aid outside jurisdictional boundaries.

A. A local governing body or a consortium of local governing bodies may incur costs for the purchase, lease, installation or maintenance of enhanced 911 equipment and training necessary for the establishment of an enhanced 911 system and may pay such costs through disbursements from the fund; provided that the local governing body has employed […]

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 […]

Section 63-9D-5 – Imposition of surcharge.

A. There is imposed a 911 emergency surcharge in the amount of fifty-one cents ($.51) to be billed to each subscriber access line by a communications service provider, on each active number for a commercial mobile radio service subscriber and on the number of VoIP lines for which the VoIP service provider enables the capacity […]

Section 63-9D-5.1 – Prepaid wireless enhanced 911 surcharge; collection and administration of surcharge; liability of sellers; exclusivity of surcharge.

A. As used in this section: (1) “consumer” means a person who purchases prepaid wireless communication service in a retail transaction; (2) “prepaid wireless communication service” means a wireless communication service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in […]

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 […]