reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3A - Natural History Museum › Section 18-3A-6 - Board; compensation.

The public members of the board shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. Private members shall serve without per diem or other compensation.
History:
Laws 1980, ch. 128, § 6; 1987, ch. 38, § 4.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3A - Natural History Museum › Section 18-3A-8 - Director; appointment; qualifications.

A. Subject to the authority of the state cultural affairs officer or his successor, the administrative and executive officer of the division and the museum is the "director" of the division.
B. The director shall be appointed by the state cultural affairs officer or his successor with the approval of the governor from a list of qualified candidates provided by the board.
C. The position of director shall require previous experience in an administrative capacity in a museum of related character and a degree or the equivalent thereof in one or more of the fields of natural history and science from an institution of higher learning.
History:
Laws 1980, ch. 128, § 8; 1987, ch. 38, § 6; 1990, ch. 106, § 6.
ANNOTATIONS
The 1990 amendment,
effective May 16, 1990, substituted "cultural affairs officer or his successor" for "cultural affairs or his successor officer" in Subsection A, and inserted "and science" following "natural history" in Subsection C.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3A - Natural History Museum › Section 18-3A-9 - Director; powers and duties.

Consistent with the policies agreed to by the board and the secretary of cultural affairs, the director:
A. may:
(1) solicit and receive funds or property, including federal funds and public and private grants, for the development of the museum, its collections and its programs;
(2) as authorized by the secretary, enter into contracts related to the programs and operations of the museum, including services related to the location, acquisition, preservation, restoration, salvage or development of culturally related sites, structures or objects in the state;
(3) as authorized by the board, lend collections or materials to qualified persons for purposes of exhibition and study and borrow collections or materials from other persons for like purposes;
(4) conduct facilities rentals for forty-five days or less and such retail sales as appropriate for the operation of the museum; and
(5) publish journals, books, reports and other materials as appropriate to the operation of the museum; and
B. shall:
(1) administer and operate the museum in accordance with applicable statutes and rules;
(2) develop exhibits and programs of an educational nature for the benefit of the public and in particular the students of the state;
(3) recommend acquisitions to the board, by donation or other means, of collections and related materials appropriate to the mission of the museum;
(4) direct research, preservation and conservation as is appropriate to render the collections beneficial to the public;
(5) cooperate with educational institutions and other agencies and political subdivisions of state, tribal and federal governments to establish, maintain and extend the programs of the museum;
(6) employ and discharge personnel necessary for the operation of the museum in accordance with the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978];
(7) propose budgets for operations and capital improvements;
(8) collect admission fees as determined by the board; and
(9) perform such other appropriate duties as may be delegated by the board, the secretary of cultural affairs or the governor or as may be provided by law.
History:
Laws 1980, ch. 128, § 9; 1987, ch. 38, § 7; 1990, ch. 106, § 7; 1991, ch. 242, § 3; 1978 Comp., § 18-3A-9, repealed and reenacted by Laws 2015, ch. 19, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 2015, ch. 19, § 6 repealed former 18-3A-9 NMSA 1978, and enacted a new section, effective July 1, 2015.
The 1991 amendment,
effective June 14, 1991, in Subsection I, added "subject to the provisions of Section 18-3A-9.1 NMSA 1978" at the beginning and substituted "a museum of natural history and science" for "natural history and science museums" at the end and made a minor stylistic change in Subsection K.
The 1990 amendment,
effective May 16, 1990, inserted "state" preceding "cultural affairs officer" in the introductory phrase and added "and science" following "natural history" in Subsections C and I.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3A - Natural History Museum › Section 18-3A-9.1 - Museum admission policy.

The board, the state cultural affairs officer and the director shall establish and implement a policy to permit New Mexico residents age sixty years and above to enter all publicly accessible exhibit and program areas, except special exhibits and programs where commissions or royalties are paid by contract, free of charge every Wednesday that is not a holiday that the museum is open.
History:
1978 Comp., § 18-3A-9.1, enacted by Laws 1991, ch. 242, § 4.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 4 - Old Lincoln County Memorial › Section 18-4-1 - Repealed.

History:
1941 Comp., § 3-923, enacted by Laws 1949, ch. 138, § 1; 1953 Comp., § 4-12-23; 2004, ch. 25, § 53.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 25, § 53 repealed former 18-4-1 NMSA 1978, as enacted by Laws 1949, ch. 138, § 1, relating to the old Lincoln county memorial commission, effective May 19, 2004, . For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 4 - Old Lincoln County Memorial › Section 18-4-2 - Repealed.

History:
1941 Comp., § 3-924, enacted by Laws 1949, ch. 138, § 2; 1953 Comp., § 4-12-24; 2004, ch. 25, § 53.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 25, § 53 repealed former 18-4-2 NMSA 1978, as enacted by Laws 1949, ch. 138, § 2, relating to the old Lincoln county memorial commission, effective May 19, 2004. For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 4 - Old Lincoln County Memorial › Section 18-4-3 - Repealed.

History:
1941 Comp., § 3-925, enacted by Laws 1949, ch. 138, § 3; 1953 Comp., § 4-12-25; 2004, ch. 25, § 53.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 25, § 53 repealed former 18-4-3 NMSA 1978, as enacted by Laws 1949, ch. 138, § 3, relating to the old Lincoln county memorial commission, effective May 19, 2004. For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 4 - Old Lincoln County Memorial › Section 18-4-4 - Repealed.

History:
1941 Comp., § 3-926, enacted by Laws 1949, ch. 138, § 4; 1953 Comp., § 4-12-26; 2004, ch. 25, § 53.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 25, § 53 repealed former 18-4-4 NMSA 1978, as enacted by Laws 1949, ch. 138, § 4, relating to the old Lincoln county memorial commission, effective May 19, 2004. For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 4 - Old Lincoln County Memorial › Section 18-4-5 - Repealed.

History:
1953 Comp., § 4-12-26.1, enacted by Laws 1977, ch. 246, § 22; 2004, ch. 25, § 53.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 25, § 53 repealed former 18-4-5 NMSA 1978, as enacted by Laws 1977, ch. 246, § 22, relating to the old Lincoln county memorial commission, effective May 19, 2004. For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 4 - Old Lincoln County Memorial › Section 18-4-6 - Lincoln historic site; state historic sites and monuments division; powers and duties.

The state historic sites and monuments division of the cultural affairs department shall be entrusted with the protection and preservation of the old Lincoln county courthouse. The historic sites division shall:
A. maintain and operate the historic site as a state museum of old Lincoln county;
B. acquire and hold real estate in the name of the state;
C. act in cooperation with the federal government or any of its agencies in preserving the historic site; and
D. accept gifts, grants and donations from any person, firm, corporation, agency or any group of persons for the collections of the museum or the maintenance and operation of the historic site.
History:
1941 Comp., § 3-927, enacted by Laws 1949, ch. 138, § 5; 1951, ch. 139, § 1; 1953 Comp., § 4-12-27; Laws 1963, ch. 62, § 1; 1977, ch. 246, § 23; 1980, ch. 151, § 29; 2004, ch. 25, § 24; 2013, ch. 67, § 4.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, renamed state monuments as historic sites; in the catchline, after "Lincoln", deleted "monument" and added "historic site" and after "state", deleted "monuments" and added "historic sites and monuments"; in Subsections A, in the first sentence, deleted "monuments" and added "historic sites and monuments" and in the second sentence, deleted "state monuments" and added "historic sites"; in Subsections A, C, and D, deleted "monument" and added "historic site"; in Subsection A, after "historic site as a", deleted "memorial and", and after "Lincoln county", deleted "shall have power to"; in Subsection B, after "state", deleted "and to"; and in Subsection C, after "historic site; and", deleted "shall have power to".
The 2004 amendment,
effective May 19, 2004, changed "museum division" to "cultural affairs department".
Advertising.
— The duty formerly belonging to the old Lincoln county memorial commission (now belonging to the cultural affairs department) to maintain and operate the monument as a memorial and state museum, coupled with the power and authority to make necessary rules and regulations for the proper operation and maintenance thereof, permitted the commission to expend appropriated funds for advertising the memorial and state museum. 1970 Op. Att'y Gen. No. 70-83.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 5 - Arts Commission and Division › Section 18-5-1 - Findings; declaration.

The legislature finds and declares:
A. that many people in this state lack the opportunity to view, enjoy or participate in living theatrical performances, musical concerts, operas, dance and ballet recitals, art exhibits, examples of fine architecture and the performing and visual arts, generally;
B. that many people in this state possess talents of an artistic and creative nature which cannot be utilized to their fullest extent under existing conditions;
C. that the general welfare of the people of this state will be promoted by giving further recognition to the arts as a vital part of our culture and heritage and as an important means of expanding the scope of our educational program; and
D. that increased activity in the arts will increase employment by encouraging the production of artistic events in various communities of this state, thus utilizing the talents and services of many local citizens.
History:
1953 Comp., § 4-23-1, enacted by Laws 1965, ch. 138, § 1.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 5 - Arts Commission and Division › Section 18-5-2 - Definitions.

As used in Chapter 18, Article 5 NMSA 1978:
A. "commission" means the New Mexico arts commission;
B. "creative arts" means the act of writing, composing or designating and executing literature, including poetry; drama; music, including opera and choral works; ballet and dance; painting; sculpturing; graphic arts; photography; crafts; architecture; and films and television;
C. "director" means the executive head of the division;
D. "division" means the arts division of the cultural affairs department; and
E. "interpretative arts" means the act of interpreting the creative arts, including designing, publishing, printing and collecting of books; the producing, directing and performing of dramas; the performing of music and the producing, directing and performing of operas and choral works; the producing, directing and performing of ballet and dance; the conservation of architecture; and the producing, directing and performing of films and television.
History:
1953 Comp., § 4-23-2, enacted by Laws 1978, ch. 70, § 1; 1980, ch. 151, § 30; 2004, ch. 25, § 25.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, Chapter 70 repealed former 4-23-2, 1953 Comp. (former 18-5-2 to 18-5-9 NMSA 1978), relating to the arts commission, effective March 31, 1978, and enacted a new 4-23-2, 1953 Comp.
The 2004 amendment,
effective May 19, 2004, in Subsection D, changed "office of cultural affairs" to "cultural affairs department".
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 5 - Arts Commission and Division › Section 18-5-3 - Commission; creation; members; terms; compensation.

A. There is created the "New Mexico arts commission."
B. The commission is composed of fifteen members, appointed by the governor. Members shall be broadly representative of all fields of the creative and interpretative arts.
C. Members of the commission shall be residents of this state and shall be persons who are widely known for their professional competence and experience in connection with the creative or interpretive [interpretative] arts.
D. Members of the commission shall initially be appointed for terms as follows: five members shall be appointed for terms of one year, five members shall be appointed for terms of two years and five members shall be appointed for terms of three years. The first members of the commission shall be appointed on or before September 1, 1965, with the date of office of all these members to commence on the same day. After the expiration of the initial terms, all members shall be appointed for terms of three years. Vacancies resulting from the death or resignation of a member shall be filled by appointment for the unexpired portion of the term of the member creating the vacancy.
E. Members of the commission shall receive per diem and mileage as provided for nonsalaried public employees in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
1953 Comp., § 4-23-3, enacted by Laws 1978, ch. 70, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Repeals and reenactments.
— Laws 1978, Chapter 70 repealed former 4-23-3, 1953 Comp., relating to the arts commission, effective March 31, 1978, and enacted a new section.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 5 - Arts Commission and Division › Section 18-5-4 - Commission; officers; meetings.

A. Annually, at the November meeting, the commission as a whole shall organize by the nomination, election and installation of a vice chairman and a secretary of the commission. The chairman of the commission, to be appointed by the governor, will take office at this time.
B. The commission shall hold at least four meetings in each calendar year.
C. All meetings of the commission shall be open to the public.
History:
1953 Comp., § 4-23-4, enacted by Laws 1978, ch. 70, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, Chapter 70 repealed former 4-23-4, 1953 Comp., relating to the arts commission, effective March 31, 1978, and enacted a new section.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 5 - Arts Commission and Division › Section 18-5-5 - Commission; duties.

A. The commission will be advisory to the director of the arts division, to the state cultural affairs officer and to state government in general where not in conflict with other statutory agencies. The governor will receive general counsel on the arts from the commission and from the division.
B. The commission will advise the director on all division policies, and the director shall provide the commission with all information requisite to such advice.
C. The commission shall be consulted by the director before he approves, disapproves or modifies the distribution of federal and state program funds. The director shall provide the commission with all information requisite to such consultation.
D. The director shall keep the commission informed of the fiscal affairs of the division, including budget requests, appropriations and disbursements.
History:
1953 Comp., § 4-23-5, enacted by Laws 1978, ch. 70, § 4; 1980, ch. 151, § 31.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, Chapter 70 repealed former 4-23-5, 1953 Comp., relating to the arts commission, effective March 31, 1978, and enacted a new 4-23-5, 1953 Comp.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 5 - Arts Commission and Division › Section 18-5-6 - Division; creation; director; appointment.

A. The "arts division" is created within the cultural affairs department.
B. Subject to the authority of the secretary of cultural affairs, the administrative and executive head of the arts division is the "director" of the arts division. The director shall be hired by the secretary from a list of three to five names supplied by the commission.
History:
1953 Comp., § 4-23-6, enacted by Laws 1978, ch. 70, § 5; 1980, ch. 151, § 32; 2004, ch. 25, § 26.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, Chapter 70 repealed former 4-23-6, 1953 Comp., relating to the arts commission, effective March 31, 1978, and enacted a new 4-23-6, 1953 Comp.
The 2004 amendment,
effective May 19, 2004, in Subsection A, changed "office of cultural affairs" to "cultural affairs department"; and Subsection B, changed "state cultural affairs officer" to "secretary of cultural affairs".
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 5 - Arts Commission and Division › Section 18-5-7 - Division; powers; duties.

The powers and duties of the arts division of the office of cultural affairs shall be:
A. to advise and assist public agencies in planning civic beautification;
B. to foster appreciation for the fine arts;
C. to make this state more appealing to the world;
D. to encourage the creative activity in the arts of residents of this state, and to attract to this state's residency additional outstanding creators in the field of fine arts through appropriate programs of publicity, education, coordination and direct activities such as sponsorship of performing and visual arts;
E. to accept on behalf of the state such donations of money, property or memorials as, in its discretion, are suitable and shall best further the aims of Sections 18-5-1 through 18-5-7 NMSA 1978. The division shall be empowered to accept any additional gifts, contributions or bequests from private persons, corporations, foundations or agencies or the federal government. Such money so gained may be reemployed as part of a revolving fund to be used to further the purpose of Sections 18-5-1 through 18-5-7 NMSA 1978;
F. to make, through its director, rules and regulations necessary to administer the division and as provided by law; and
G. to perform other duties as provided by law.
History:
1953 Comp., § 4-23-7, enacted by Laws 1978, ch. 70, § 6; 1980, ch. 151, § 33.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, Chapter 70 repealed 4-23-2 to 4-23-6.1, 1953 Comp. (former 18-5-2 to 18-5-9 NMSA 1978), relating to the arts commission, effective March 31, 1978, and enacted new §§ 4-23-2 to 4-23-7, 1953 Comp.
Artists-in-the-schools not employees of division.
— Artists participating in the artists-in-the-schools program are not employees of the New Mexico arts division and, therefore, are ineligible for unemployment compensation benefits through the division. 1980 Op. Att'y Gen. No. 80-08.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 5 - Arts Commission and Division › Section 18-5-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1978, ch. 70, § 7 repealed 4-23-2 to 4-23-6.1, 1953 Comp. (former 18-5-2 to 18-5-9 NMSA 1978), relating to the arts commission, effective March 31, 1978.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-1 - Short title.

Sections 18-6-1 through 18-6-17 NMSA 1978 may be cited as the "Cultural Properties Act".
History:
1953 Comp., § 4-27-4, enacted by Laws 1969, ch. 223, § 1; 1977, ch. 246, § 34; 2004, ch. 25, § 27.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, converted 1953 statutory citations to NMSA 1978 citations.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-2 - Purpose of act.

The legislature hereby declares that the historical and cultural heritage of the state is one of the state's most valued and important assets; that the public has an interest in the preservation of all antiquities, historic and prehistoric ruins, sites, structures, objects and similar places and things for their scientific and historical information and value; that the neglect, desecration and destruction of historical and cultural sites, structures, places and objects results in an irreplaceable loss to the public; and that therefore it is the purpose of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978] to provide for the preservation, protection and enhancement of structures, sites and objects of historical significance within the state, in a manner conforming with, but not limited by, the provisions of the National Historic Preservation Act of 1966 (P.L. 89-665).
History:
1953 Comp., § 4-27-5, enacted by Laws 1969, ch. 223, § 2.
ANNOTATIONS
Cross references.
— For the National Historic Preservation Act of 1966 (P.L. 89-665),
see
16 U.S.C. § 470 et seq.
Law reviews.
— For note, "Cultural Properties Act — Turley v. State and the New Mexico Cultural Properties Act: A Matter of Interpretation", see 13 N.M.L. Rev. 737 (1983).
For student article, "The Efficacy of State Law in Protecting Native American Sacred Places: A Case Study of the Paseo Del Norte Extension,"
see
47 Nat. Resources J. 969 (2007).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and construction of statute or ordinance protecting historical landmarks, 18 A.L.R.4th 990.
Application and construction of § 106 of the National Historic Preservation Act of 1966 (16 USCS § 470f), dealing with federally sponsored projects which affect historic properties, 68 A.L.R. Fed. 578.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-3 - Definitions.

As used in the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]:
A. "committee" means the cultural properties review committee;
B. "cultural property" means a structure, place, site or object having historic, archaeological, scientific, architectural or other cultural significance;
C. "registered cultural property" means a cultural property that has been placed on the official register on either a permanent or temporary basis by the committee;
D. "official register" means the New Mexico register of cultural properties maintained by the committee for the purpose of recording cultural properties deemed worthy of preservation; and
E. "state land" means property owned, controlled or operated by a department, agency, institution or political subdivision of the state.
History:
1953 Comp., § 4-27-6, enacted by Laws 1969, ch. 223, § 3; 1993, ch. 176, § 7.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added Subsection E and made several minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-4 - Committee created; membership; compensation; voting; term; chairman; meetings.

A. The "cultural properties review committee" is created, which consists of nine members as follows:
(1) the state historian at the state archives and record center;
(2) one person professionally recognized in the discipline of architectural history;
(3) one person professionally recognized in the discipline of history;
(4) one person professionally recognized in the discipline of architecture;
(5) one person professionally recognized in the discipline of prehistoric archaeology;
(6) one person professionally recognized in the discipline of historic archaeology;
(7) one additional person who is professionally recognized in:
(a) history;
(b) architectural history or architecture; or
(c) archaeology;
(8) one person who is a member of a New Mexico Indian nation, tribe or pueblo; and
(9) one person who is a resident of New Mexico and represents the general public.
Other than the state historian, all members shall be appointed by the governor. Each appointed professional member shall have achieved recognition for accomplishment in that member's field in the American southwest, and each shall have specialized knowledge of New Mexico.
B. Any member of the committee shall be reimbursed for necessary expenses in the discharge of the member's official duties in accordance with the rates set by the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. Any committee member who receives a salary from state funds shall not be entitled to per diem and mileage for service on the committee unless the service is away from the town in which the member's duty station is located, and, in that case, the member shall receive per diem and mileage allowance at the rate set for salaried state employees. Committee members shall receive no other compensation, perquisite or allowance for committee service, but this does not mean that committee members who receive a salary from state funds shall not continue to draw such salary while discharging committee duties.
C. A simple majority shall constitute a quorum. A member of the committee shall abstain from voting or the member's vote shall be disqualified on any matter in which the member has a pecuniary interest.
D. Appointed members shall serve terms of four years. Members shall be appointed without regard to partisan political affiliation, and any member may be reappointed to the committee.
E. A chairman, vice chairman and secretary shall be elected from the membership to serve for one year, subject to reelection.
F. The committee shall meet at least once each quarter.
History:
1953 Comp., § 4-27-7, enacted by Laws 1969, ch. 223, § 4; 1986, ch. 10, § 1; 2005, ch. 50, § 1.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, expanded the membership of the cultural properties review committee to include one person who is a member of a New Mexico Indian nation, tribe or pueblo and one person who is a resident of New Mexico and represents the general public.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-6 - Cultural affairs department; powers and duties relating to the cultural properties act.

A. The cultural affairs department is responsible for administering, developing and maintaining all registered cultural properties in its ownership or custody.
B. Unless other locations are deemed more appropriate by the committee, in consultation with the museum of New Mexico, because of the nature of the property involved, the cultural affairs department shall be the depository for all collections made under the provisions of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978] and shall make available material from such collections to museums in and out of the state on the request of the governing bodies of those museums when, in the opinion of the department, such use is appropriate and when arrangements are made for the safe custodianship and public exhibition of the material in accordance with department rules. The museum of New Mexico shall maintain a record of the location of all such collections.
C. The cultural affairs department may seek and accept gifts, donations and grants, subject to the provisions of Subsection B of Section 18-6-7 NMSA 1978, to be used to acquire, preserve or restore registered cultural properties.
D. The cultural affairs department may acquire by gift, purchase or, if no other means of acquisition are available, condemnation any cultural property or interest therein sufficient to preserve such property. Cultural properties so acquired shall be administered by the department or other appropriate state agencies in accordance with Subsections A and B of this section.
E. The cultural affairs department may enter into agreements with the committee to provide assistance in carrying out the duties of the committee.
History:
1953 Comp., § 4-27-9, enacted by Laws 1969, ch. 223, § 6; 1977, ch. 246, § 36; 1980, ch. 151, § 35; 1986, ch. 10, § 3; 2004, ch. 25, § 28.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, in Subsection A, changed "museum division" to "cultural affairs department".
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-7 - Historic preservation division; planning; fiscal administration and cooperation for purposes of the cultural properties act.

A. The state historic preservation officer of the historic preservation division of the cultural affairs department shall, with the concurrence of the committee, prepare a long-range plan for the preservation of cultural properties, including but not limited to the identification, acquisition, restoration and protection of historic and cultural properties and the maintenance and expansion of statewide historic and prehistoric site data bases.
B. The historic preservation division shall administer funds that are received, controlled and disbursed for the purposes of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978], unless such funds are specifically granted or appropriated to another agency.
C. Consistent with the Cultural Properties Act, the historic preservation division shall cooperate in all matters with the committee and other divisions of the cultural affairs department.
History:
1953 Comp., § 4-27-10, enacted by Laws 1969, ch. 223, § 7; 1977, ch. 246, § 37; 1978, ch. 92, § 2; 1980, ch. 151, § 36; 1983, ch. 296, § 18; 1986, ch. 10, § 4; 2004, ch. 25, § 29.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, in Subsection A, changed "office of cultural affairs" to "cultural affairs department"; and in Subsection B, changed "museum division" to "historic preservation division".
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-8.1 - Review of proposed state undertakings.

The historic preservation division of the office of cultural affairs shall periodically furnish copies of the official register, or relevant sections of the official register, to state agencies and departments and shall periodically advise state agencies and departments of the status of the division's program of cultural property identification and registration. The head of any state agency or department having direct or indirect jurisdiction over any land or structure modification which may affect a registered cultural property shall afford the state historic preservation officer a reasonable and timely opportunity to participate in planning such undertaking so as to preserve and protect, and to avoid or minimize adverse effects on, registered cultural properties.
History:
1978 Comp., § 18-6-9.1, enacted by Laws 1986, ch. 10, § 5; recompiled as 1978 Comp., § 18-6-8.1 by Laws 1993, ch. 176, § 12.
ANNOTATIONS
Registered cultural property on private land.
— This section enables the state historic preservation officer to participate in the environmental improvement division's deliberation whether to license a private discharge plan when the license would affect a registered cultural property on private land. Although the catchline of this section refers to "state undertakings," its text does not qualify undertakings as "state undertakings." 1987 Op. Att'y Gen. No. 87-64.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-9 - Cultural property; unauthorized excavation, injury or destruction; criminal damage to property.

A. Any person who knowingly excavates, injures or destroys cultural property located on state land without a permit is guilty of criminal damage to property.
B. Any person who solicits, employs or counsels another person to excavate, injure or destroy cultural property located on state land without a permit is guilty of criminal damage to property.
C. Whoever commits criminal damage to property pursuant to the provisions of this section and the value of the property excavated, injured or destroyed is:
(1) less than one thousand dollars ($1,000) is guilty of a petty misdemeanor and shall be sentenced according to the provisions of Section 31-19-1 NMSA 1978; or
(2) one thousand dollars ($1,000) or more is guilty of a fourth degree felony and shall be sentenced according to the provisions of Section 31-18-15 NMSA 1978.
History:
1978 Comp., § 18-6-9, enacted by Laws 1993, ch. 176, § 8.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 176, § 8 repealed former 18-6-9 NMSA 1978, as amended by Laws 1977, ch. 246, § 39 and enacted a new section, effective June 18, 1993.
Law reviews.
— For note, "Cultural Properties Act — Turley v. State and the New Mexico Cultural Properties Act: A Matter of Interpretation", see 13 N.M.L. Rev. 737 (1983).
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-9.1 - Cultural property; unauthorized appropriation; larceny.

A. Any person who knowingly appropriates cultural property located on state land without a permit is guilty of larceny.
B. Any person who solicits, employs or counsels another person to appropriate cultural property located on state land without a permit is guilty of larceny.
C. Any person who receives, traffics in or sells cultural property appropriated from state land without a valid permit is guilty of larceny.
D. Whoever commits larceny pursuant to the provisions of this section and the value of the property appropriated is:
(1) less than one hundred dollars ($100) is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;
(2) over one hundred dollars ($100) but less than two hundred fifty dollars ($250) is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;
(3) two hundred dollars ($200) or more but less than two thousand five hundred ($2,500) is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(4) two thousand five hundred dollars ($2,500) or more but less than twenty thousand dollars ($20,000) is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
(5) more than twenty thousand dollars ($20,000) is guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
1978 Comp., § 18-6-9.1, enacted by Laws 1993, ch. 176, § 9.
ANNOTATIONS
Recompilations.
— Laws 1993, ch. 176, § 12, recompiles former 18-6-9.1 NMSA 1978, as enacted by Laws 1986, ch. 10, § 5, relating to the review of proposed state undertakings, as 18-6-8.1 NMSA 1978, effective June 18, 1993.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-9.2 - Cultural property; unauthorized damage or appropriation; civil penalties.

Any person violating the provisions of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978] shall be liable for civil damages to the state agency, department, institution or political subdivision having jurisdiction over the cultural property in an amount equal to the cost or, in the discretion of the court, in an amount equal to twice the cost of restoration, stabilization and interpretation of the cultural property.
History:
1978 Comp., § 18-6-9.2, enacted by Laws 1993, ch. 176, § 10.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-9.3 - Cultural property; forfeiture of instruments.

Any instrument, vehicle, tool or equipment used or intended to be used to violate the provisions of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978] is subject to forfeiture, and the provisions of the Forfeiture Act [31-27-1 to 31-27-8 NMSA 1978] apply to the seizure, forfeiture and disposal of such property.
History:
1978 Comp., § 18-6-9.3, enacted by Laws 1993, ch. 176, § 11; 2002, ch. 4, § 10.
ANNOTATIONS
The 2002 amendment,
effective July 1, 2002, deleted the Subsection A designation; deleted the exception at the end of former Subsection A and Subsections B through F, which contained standards and procedures for the forfeiture of instruments, vehicles, tools or property used to violate the provisions of the Cultural Property Act; and added at the end of the section "and the provisions of the Forfeiture Act apply to the seizure, forfeiture and disposal of such property."
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-10 - Cultural properties on private land.

A. It is the declared intent of the legislature that field archeology on privately owned lands should be discouraged except in accordance with the provisions and spirit of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]; and persons having knowledge of the location of archeological sites are encouraged to communicate such information to the committee.
B. It shall be deemed an act of trespass and a misdemeanor for any person to remove, injure or destroy registered cultural properties situated on private lands or controlled by a private owner without the owner's prior permission. Where the owner of a registered cultural property has submitted his acceptance in writing to the committee's registration of that cultural property, the provisions of Section 8 [18-6-9 NMSA 1978] of the Cultural Properties Act shall apply to that registered cultural property.
C. Where a cultural property is on private land or is otherwise privately owned and the committee determines that such cultural property is worthy of preservation and inclusion on the official register, the committee may recommend the procedure best calculated to insure [ensure] preservation. Such procedures may include:
(1) providing technical assistance to the owner who is willing to restore, preserve and maintain the cultural property;
(2) acquiring the property or an easement or other right therein by gift or purchase;
(3) advising the county or municipality within which the cultural property is located on zoning the property as an historic area or district in accordance with the Historic District Act [Chapter 3, Article 22 NMSA 1978];
(4) advising the county or municipality within which the cultural property is located on the use of agreements, purchases or the right of eminent domain to obtain control of the cultural property in accordance with the Historic District Act; and
(5) acquiring the property for the state by use of the right of eminent domain.
History:
1953 Comp., § 4-27-12, enacted by Laws 1969, ch. 223, § 9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For provisions on exercise of right of eminent domain,
see
42A-1-1 NMSA 1978 et seq.
County ordinance cannot limit cultural properties review committee's authority.
— County land use ordinances attempting to restrict traditional federal and state regulatory authority are preempted by this section which allows the state cultural properties review committee to acquire lands to ensure preservation of cultural property and, thus, such county ordinances are of no consequence. 1994 Op. Att'y Gen. No. 94-01.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-11.1 - Confidentiality of site location.

A. Any information in the custody of a public official concerning the location of archaeological resources, the preservation of which is in the interest of the state of New Mexico, shall remain confidential unless the custodian of such information determines that the dissemination of such information will further the purposes of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978], as set forth in Section 18-6-2 NMSA 1978 and will not create a risk of loss of archaeological resources.
B. As used in Subsection A of this section, "archaeological resources" means a location where there exists material evidence of the past life and culture of human beings in this state and includes the sites of burial and habitats of human beings.
History:
1978 Comp., § 18-6-11.1, enacted by Laws 1979, ch. 66, § 1.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-12 - Emergency classification pending investigation.

A cultural property which the committee thinks may be worthy of preservation may be included on the official register on a temporary basis for not more than one year, during which time the committee shall investigate the property and make a determination as to whether it may be permanently placed on the official register. If the cultural property is on private land, the temporary classification shall not be considered a taking of private property, but the owner may receive a fair rental value for the part of the land affected if the temporary classification unduly interferes with the owner's normal use of the land. The owner shall be immediately notified of the committee's determination. If at the expiration of one year from the time the temporary classification was imposed the owner has not been notified of any committee action, the temporary classification shall lapse, and it shall not be renewed for five years.
History:
1953 Comp., § 4-27-13, enacted by Laws 1969, ch. 223, § 10.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1984, ch. 34, § 4 repealed 18-6-13 NMSA 1978, as enacted by Laws 1969, ch. 223, § 11, relating to tax exemption of cultural properties from certain property taxes, effective February 16, 1984. For present provisions relating to tax credits for preservation of cultural properties on state income tax returns,
see
7-2-18.2 and 7-2A-8.6 NMSA 1978.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-14 - State historian.

The state historian at the state records center is designated as "state historian" for purposes of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978].
History:
1953 Comp., § 4-27-15, enacted by Laws 1969, ch. 223, § 12; 1981, ch. 48, § 1.
ANNOTATIONS
Legislature implicitly recognized existence of position of deputy for archives
when it enacted this section, as it read prior to the 1981 amendment, designating the deputy for archives for the state records center as the state historian. 1980 Op. Att'y Gen. No. 80-25.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-15 - State archaeologist.

The state archaeologist in the cultural affairs department is designated as "state archaeologist" for the purposes of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]. The state archaeologist shall be professionally recognized in the discipline of archaeology, shall have achieved recognition for accomplishments in his field in the American southwest and shall have a specialized knowledge of New Mexico.
History:
1953 Comp., § 4-27-16, enacted by Laws 1969, ch. 223, § 13; 1986, ch. 10, § 6; 2004, ch. 25, § 31.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, changed "office of cultural affairs" to "cultural affairs department".
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-16 - Preparation and sale of cultural properties publications; revolving fund; report.

The historic preservation division shall encourage and promote publications relating to cultural properties that have been prepared pursuant to the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]. The historic preservation division may prepare or contract for the preparation of such publications on the condition that it receives from the sale of the publications the amount expended plus interest on that amount compounded annually at the prime lending rate quoted in the Wall Street Journal on the effective date of the contract until the expended amount is reimbursed in full to the division. All receipts from such sales shall go into a special revolving fund, which is hereby established. The historic preservation division shall adopt rules establishing guidelines and fiscal controls over the use of the revolving fund.
History:
1953 Comp., § 4-27-17, enacted by Laws 1978, ch. 53, § 1; 1980, ch. 151, § 38; 1983, ch. 296, § 20; 1994, ch. 70, § 1; 2004, ch. 25, § 32.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 53, § 1, repealed former 4-27-17, 1953 Comp., relating to preparation and sale of cultural properties publications, revolving fund and report, and enacted a new 4-27-17, 1953 Comp.
The 2004 amendment,
effective May 19, 2004, deleted the reference to the office of cultural affairs.
The 1994 amendment,
effective May 18, 1994, deleted "duties of the committee under the" following "pursuant to the" in the first sentence, substituted "historic preservation division" for "committee" in the second sentence, substituted the language beginning "interest on that" for "ten percent" at the end of the second sentence, deleted "and shall annually report to the legislative finance committee on or before June 30 the fund's receipts, disbursements and unencumbered balance, together with a detailed statement of the expenditures" from the end of the last sentence, and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-17 - Designation of state historic sites; reservation of lands for historic site care and management.

The governor is authorized, upon the recommendation of the committee and the board of regents of the museum of New Mexico, to declare by public proclamation that any cultural property situated on lands owned or controlled by the state shall be a state historic site and may reserve as a part thereof such parcels of land as may be necessary for the proper care and management of the cultural property to be protected. In the case of proposed state historic sites situated on state trust lands, the federal laws granting same shall be complied with. Any such historic site shall be administered by the state historic sites division of the cultural affairs department in accordance with the provisions of Section 18-6-6 NMSA 1978.
History:
1953 Comp., § 4-27-18, enacted by Laws 1973, ch. 16, § 1; 1977, ch. 246, § 41; 1980, ch. 151, § 39; 1986, ch. 10, § 7; 2013, ch. 67, § 5.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, renamed state monuments as historic sites; in the title of the section, after "state", deleted "monuments" and added "historic sites" and after "lands for", deleted "monument" and added "historic site"; deleted "monument" and added "historic site" throughout the section; in the third sentence, after "administered by the", deleted "museum" and added "state historic sites"; and after "division of the", changed "office of cultural affairs" to "cultural affairs department".