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".

Immunity provision in the Enhanced 911 Act has no relevance in determining potential liability of a 911 dispatcher for mishandling an emergency 911 call. — The legislature did not intend the Enhanced 911 Act to serve as a vehicle to confer immunity on 911 dispatchers. The Enhanced 911 Act should be construed to provide immunity only for those situations where there is some technical failure in the 911 system itself. The Emergency Medical Services Act, NMSA 1978, §§ 24-10B-1 to 24-10B-13, as implemented by the New Mexico Tort Claims Act, provides for immunity for those covered by its provisions except for damages caused by negligence. Ferlic v. Mesilla Valley Reg’l Dispatch Auth., 2025-NMSC-028.