reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-3 - Library division; creation; director.

A. The "library 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 library division is the "state librarian". The state librarian shall be appointed by the secretary.
History:
1953 Comp., § 4-11-3, enacted by Laws 1977, ch. 246, § 10; 1980, ch. 151, § 22; 2004, ch. 25, § 11.
ANNOTATIONS
Repeals and reenactments.
— Laws 1961, ch. 126, § 3, repealed a former 4-11-3, 1953 Comp., relating to the duties and function of the state library commission, and enacted a new 4-11-3, 1953 Comp.
Laws 1977, ch. 246, § 10, repeals a former 4-11-3, 1953 Comp., relating to duties and functions of the state library commission, and enacted a new 4-11-3, 1953 Comp.
The 2004 amendment,
effective May 19, 2004, changed "office of cultural affairs" to "cultural affairs department" and changed "state cultural affairs officer" to "secretary of cultural affairs".
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-4 - Duties of the state librarian.

A. The state librarian shall:
(1) administer the state library;
(2) administer grants-in-aid and encourage local library service and generally promote an effective statewide library system;
(3) make studies and surveys of public library needs;
(4) supply advice and information to existing libraries and aid in the establishment of new libraries;
(5) obtain each year, from all libraries in the state, reports showing the conditions, growth and development together with such other facts and statistics regarding them as are of public interest;
(6) cooperate with other educational services and governmental agencies of the state and with library agencies of other states and with national library agencies;
(7) cooperate with the administrative services division of the cultural affairs department in preparing the budget for the state library;
(8) administer the library extension service;
(9) make rules and regulations necessary to administer the library division as provided by law and to perform other duties as provided by law; and
(10) establish and administer a library depository and distribution system for state documents and publications.
B. The state librarian may solicit and receive funds or property, including federal funds and public and private grants, for programs and activities administered by the state librarian.
History:
1953 Comp., § 4-11-3.1, enacted by Laws 1961, ch. 126, § 4; 1977, ch. 246, § 11; 1978, ch. 140, § 1; 2018, ch. 23, § 1.
ANNOTATIONS
Cross reference.
— For powers and duties of state libraries relating to rural libraries and other services,
see
22-9-9 NMSA 1978.
The 2018 amendment,
effective May 16, 2018, authorized the state librarian to solicit and receive funds or property, including federal funds and public and private grants, for programs and activities administered by the state librarian; designated the former undesignated introductory clause as Subsection A and redesignated former Subsections A through J as Paragraphs A(1) through A(10), respectively; in Paragraph A(7), after "services division", added "of the cultural affairs department"; and added a new Subsection B.
Conflict with federal law.
— Section 18-2-7 NMSA 1978, which has a limiting effect on this section, is in conflict with the requirements of the federal Library Services and Construction Act, § 203(a), (Pub. L. No. 269, 88th Cong., 2nd Sess., Feb. 11, 1964 (repealed in 1996)), if the boards or agencies that control the local public libraries of New Mexico have a different policy of supervision than that required by the Library Services and Construction Act. 1964 Op. Att'y Gen. No. 64-51.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-4.1 - State publications; copies required.

A. Unless otherwise directed by the state librarian, every state agency shall deposit at least twenty-five copies of all its publications intended for public distribution, when issued, with the state library depository for depository and distribution purposes, excluding those publications issued strictly for internal use.
B. The state librarian shall determine the number of copies of regularly issued publications required to meet the needs of the various libraries in the state and shall inform the affected agencies of the exact number of copies required.
History:
1953 Comp., § 4-11-3.2, enacted by Laws 1978, ch. 140, § 2; 1987, ch. 40, § 2.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-5 - State library administrative agency.

The library division of the office of cultural affairs is designated a state library administrative agency and is empowered to accept gifts or grants of any nature from federal, state, county, local or private agencies for the purpose of carrying on its work. Any grant of money so received shall be deposited in the state treasury to the credit of the library division and shall be used only for the purpose for which it is given or granted.
History:
Laws 1941, ch. 129, § 3; 1941 Comp., § 3-804; 1953 Comp., § 4-11-4; Laws 1961, ch. 126, § 5; 1977, ch. 246, § 12; 1980, ch. 151, § 23.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-6 - Organization; officers.

The commission shall organize by electing a chairman and a vice chairman from its membership.
History:
Laws 1941, ch. 129, § 4; 1941 Comp., § 3-805; 1953 Comp., § 4-11-5; Laws 1961, ch. 126, § 6; 1977, ch. 246, § 13.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-7 - Construction of provisions of act.

The provisions of this act shall not divest any state, county, municipal or other governing board or agency of its control and supervision of any library under its jurisdiction, except as the provisions of this act apply to the control and management of the state library. Specifically, nothing herein is intended to alter or amend the provisions of Sections 18-1-1 through 18-1-12 NMSA 1978.
History:
Laws 1941, ch. 129, § 5; 1941 Comp., § 3-806; 1953 Comp., § 4-11-6; Laws 1961, ch. 126, § 7.
ANNOTATIONS
Meaning of "this act".
— The term "this act," referred to near the beginning of this section, first appears in Laws 1941, Chapter 129, which is presently compiled as 18-2-1, 18-2-5 and 18-2-6 NMSA 1978 and this section.
The term also appears in Laws 1961, Chapter 126, which is presently compiled as 18-2-1, 18-2-4, 18-2-5, 18-2-6, 22-9-7 to 22-9-10 and 22-9-12 NMSA 1978 and this section.
Conflict with federal law.
— This section, which has a limiting effect on 18-2-4 NMSA 1978, is in conflict with the requirements of the federal Library Services and Construction Act, § 203(a), (Pub. L. No. 269, 88th Cong., 2nd Sess., Feb. 11, 1964 (repealed in 1996)), if the boards or agencies that control the local public libraries of New Mexico have a different policy of supervision than that required by the Library Services and Construction Act. 1964 Op. Att'y Gen. No. 64-51.
The limitation expressly defined by this section conflicts with Section 130.3(b) of the proposed regulations to the federal Library Services and Construction Act (repealed in 1996), which provides that to the extent that locally controlled public libraries participate in a plan for services or construction, their administration of activities under such a plan must be under the supervision of the state agency. 1964 Op. Att'y Gen. No. 64-51.
And resolution thereof.
— The conflicts between this section and the Library Services and Construction Act, § 203, (Pub. L. No. 269, 88th Cong., 2nd Sess., Feb. 11, 1964 (repealed in 1996)) and § 130.3(b) of the proposed regulations under the federal act can be resolved by a contractual arrangement whereby the local public libraries agree to divest themselves of control and supervision to the extent that the New Mexico plan may be approved under the Library Services and Construction Act, § 203. 1964 Op. Att'y Gen. No. 64-51.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-7.1 - Distribution system; limitation.

The state library depository shall not engage in the direct distribution of state publications to the general public except in those cases where the state library does so in the course of operating as a library or a state extension service.
History:
1953 Comp., § 4-11-6.1, enacted by Laws 1978, ch. 140, § 3.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-8 - Certification of librarians.

The state librarian is hereby authorized to issue certificates to librarians. He shall have authority to prescribe and hold examinations, or require submission of credentials to establish the qualifications of those seeking certificates as librarians, and to issue certificates of librarianship to qualified persons, in accordance with such reasonable rules and regulations as he may provide.
History:
1941 Comp., § 3-807, enacted by Laws 1947, ch. 91, § 1; 1953 Comp., § 4-11-7; Laws 1977, ch. 246, § 14.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-9 - Types of certificates.

The types of certificates issued by the state librarian shall be:
A. permanent professional librarian;
B. grade I librarian;
C. grade II librarian; and
D. temporary librarian.
History:
1953 Comp., § 4-11-8, enacted by Laws 1963, ch. 283, § 1; 1977, ch. 246, § 15.
ANNOTATIONS
Repeals and reenactments.
— Laws 1963, ch. 283, § 1, repealed former 4-11-8, 1953 Comp., relating to applications for librarian certificates, and the granting of same, and enacted a new 4-11-8, 1953 Comp.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-10 - Permanent professional certificate.

A permanent professional librarian's certificate shall be issued without examination to an applicant, otherwise qualified under the rules and regulations of the state librarian who is a graduate of a library school accredited by the American library association.
History:
1953 Comp., § 4-11-8.1, enacted by Laws 1963, ch. 283, § 2; 1977, ch. 246, § 16.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-11 - Grade I certificate.

A. A grade I librarian's certificate shall be issued to an applicant without examination when:
(1) the applicant meets the minimum educational requirements established by the rules and regulations of the state librarian, which shall require completion of a minimum number of years of undergraduate work plus a minimum number of semester hours of library science courses in an institution accredited by its state department of education or a regional accrediting agency; and
(2) the applicant demonstrates ability to perform the duties of a grade I librarian ably and efficiently.
B. A grade I librarian's certificate shall be issued by examination to an applicant who lacks the minimum educational requirements for a grade I certificate, and who:
(1) demonstrates ability to perform the duties of a grade I librarian ably and efficiently; and
(2) successfully passes the examination given by the state librarian for a grade I certificate.
History:
1953 Comp., § 4-11-8.2, enacted by Laws 1963, ch. 283, § 3; 1977, ch. 246, § 17.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-12 - Grade II certificate.

A. A grade II librarian's certificate shall be granted to an applicant without examination when the applicant is a graduate of a college or university accredited by its state department of education or a regional accrediting agency, and has a major in library science or has completed a minimum of twenty-one semester hours of library science courses beyond the requirements of a grade I certificate.
B. A grade II librarian's certificate shall be granted by examination to an applicant who lacks the educational requirements for a grade II certificate, and who:
(1) demonstrates ability to perform the duties of a grade II librarian ably and efficiently; and
(2) successfully passes the examination given by the state librarian for a grade II certificate.
History:
1953 Comp., § 4-11-8.3, enacted by Laws 1963, ch. 283, § 4; 1977, ch. 246, § 18.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-13 - Temporary certificates.

A. The state librarian shall issue a temporary certificate without examination to an applicant who is unqualified for any other type of librarian certificate when the state librarian receives written recommendation for the issuance of a temporary certificate for the applicant from the library board or governing body concerned which states that no qualified applicant is available for the position.
B. Temporary librarian's certificates shall be issued for all grades and are valid only for one year, but may be renewed or extended for one-year periods upon written recommendation from the library board or governing body concerned stating that no qualified applicant is available for the position.
History:
1953 Comp., § 4-11-8.4, enacted by Laws 1963, ch. 283, § 5; 1977, ch. 246, § 19.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-14 - [Applications; who may apply.]

Any person who is actively engaged in, or who expects to engage actively in library service may apply for a certificate, either with or without examination, and if found competent and qualified shall be granted the certificate so applied for, in the manner and upon the payment of the fees provided for in this act [18-2-8, 18-2-14, 18-2-17, 18-2-18 NMSA 1978].
History:
1941 Comp., § 3-809, enacted by Laws 1947, ch. 91, § 4; 1953 Comp., § 4-11-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-15 - Certificates required.

A. A permanent professional librarian's certificate is required for the chief librarian of any library:
(1) supported in whole or in part by public funds, and serving a municipality or other political subdivision having a population in excess of fifteen thousand persons as shown by the last federal decennial census; or
(2) of any state agency or state-supported institution.
B. A grade I librarian's certificate is required for the chief librarian of any library, supported in whole or in part by public funds, serving a municipality or other political subdivision having a population of at least three thousand, but not more than ten thousand persons, as shown by the last federal decennial census.
C. A grade II librarian's certificate is required for the chief librarian of any library, supported in whole or in part by public funds, serving a municipality or other political subdivision having a population of at least ten thousand and one, but not more than fifteen thousand persons, as shown by the last federal decennial census.
D. The provisions of this section do not apply to libraries of public schools or county law libraries.
History:
1953 Comp., § 4-11-10, enacted by Laws 1963, ch. 283, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1963, ch. 283, § 6, repeals 4-11-10, 1953 Comp., relating to temporary librarian certificates, and enacted a new section.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-16 - Fees.

A. The fee for any certificate provided for in Section 18-2-9 NMSA 1978 may be prescribed by the state librarian, but the minimum fee for a certificate issued without examination shall be five dollars ($5.00) and the minimum fee for a certificate issued by examination shall be ten dollars ($10.00).
B. All fee money shall be deposited in the general fund.
History:
1953 Comp., § 4-11-11, enacted by Laws 1963, ch. 283, § 7; 1977, ch. 246, § 20.
ANNOTATIONS
Repeals and reenactments.
— Laws 1963, ch. 283, § 7, repealed former 4-11-11, 1953 Comp., relating to application fees for librarian certificates, and enacted a new 4-11-11, 1953 Comp.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-17 - [Libraries receiving public funds; compliance required.]

No public funds shall be paid to any library failing to comply with the provisions of this act [18-2-8, 18-2-14, 18-2-17, 18-2-18 NMSA 1978].
History:
1941 Comp., § 3-813, enacted by Laws 1947, ch. 91, § 8; 1953 Comp., § 4-11-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-18 - List of certificated librarians.

The library division of the office of cultural affairs shall issue annually a list of all persons holding librarians' certificates.
History:
1941 Comp., § 3-814, enacted by Laws 1947, ch. 91, § 9; 1953 Comp., § 4-11-14; Laws 1977, ch. 246, § 21; 1980, ch. 151, § 24.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-19 - Short title.

This act [18-2-19 to 18-2-22 NMSA 1978] may be cited as the "Interstate Library Compact Act".
History:
1953 Comp., § 4-11-15, enacted by Laws 1969, ch. 20, § 1.
ANNOTATIONS
Compiler's notes.
— Of the states bordering New Mexico, Colorado and Oklahoma have enacted an Interstate Library Compact Act.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-21 - Compact administrator.

A. The state librarian, ex officio, is the compact administrator.
B. The compact administrator shall:
(1) receive copies of all agreements entered into by the state or its political subdivisions and other states or political subdivisions;
(2) consult with, advise and aid the state and its political subdivisions in the formulation of such agreements;
(3) make recommendations to the governor, legislature, state agencies and departments and to the political subdivisions of the state, as he deems desirable to carry out the purposes of the interstate library compact; and
(4) consult and cooperate with the compact administrators of other party states.
History:
1953 Comp., § 4-11-17, enacted by Laws 1969, ch. 20, § 3.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-22 - Agreements.

The compact administrator and the governing authority of any municipality or county may enter into agreements with other states or their political subdivisions pursuant to the interstate library compact. Such agreements made pursuant to the interstate library compact on behalf of the state shall be made by the compact administrator. Such agreements made on behalf of a political subdivision shall be made after due notice to the compact administrator and after consultation with him.
History:
1953 Comp., § 4-11-18, enacted by Laws 1969, ch. 20, § 4.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 2 - State Library Commission › Section 18-2-23 - Fund created; administration; purpose.

A. The "tribal libraries endowment fund" is created in the state treasury. The fund shall consist of all money appropriated to the fund and any grants, gifts and bequests made to the fund. Any money in the fund shall not revert to the general fund at the end of any fiscal year.
B. The tribal library program of the library division of the office of cultural affairs shall administer the tribal libraries endowment fund and shall make disbursements from the earnings on the investment of the fund for the purpose of funding the establishment, development and administration of tribal libraries in New Mexico.
C. The library division of the office of cultural affairs may adopt rules and procedures as necessary or appropriate to administer the tribal libraries endowment fund after consultation with the tribal librarians.
History:
Laws 2001, ch. 205, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 205 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-2 - Museum board of regents; appointment; terms; vacancies.

The "museum board of regents", comprised of nine members appointed by the governor with the advice and consent of the senate, is created. In making the appointments, the governor shall appoint residents of New Mexico and give due consideration to geographical distribution of the members. The members shall be persons conversant with or showing a continuing interest in history, fine arts, Indian art, folk art or anthropology. The members shall be appointed for terms of six years or less in such manner that the terms of at least two but no more than three members expire on July 8 of each odd-numbered year. Vacancies shall be filled by the governor for the remainder of the original terms. Members of the museum board of regents shall receive per diem and mileage as provided for nonsalaried public officers 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., § 4-12-33, enacted by Laws 1978, ch. 164, § 1; 2005, ch. 71, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, Chapter 164 repeals 4-12-33, relating to establishment of the museum of New Mexico, effective March 31, 1978, and enacted a new section.
The 2005 amendment,
effective July 1, 2005, increased the number of members on the museum board of regents to nine members.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-3.1 - Admission policy.

The museum board of regents shall establish 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., § 18-3-3.1, enacted by Laws 1991, ch. 242, § 2.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-4 - Repealed.

History:
1953 Comp., § 4-12-35, enacted by Laws 1978, ch. 164, § 3; 1980, ch. 151, § 26; 2004, ch. 25, § 53.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 25, § 53 repealed 18-3-4 NMSA 1978, as enacted by Laws 1978, ch. 164, § 3, relating to the museum division of the office of cultural affairs, 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 3 - State Museums and Societies › Section 18-3-5 - Repealed.

History:
1953 Comp., § 4-12-36, enacted by Laws 1978, ch. 164, § 4; 1980, ch. 151, § 27; 2004, ch. 25, § 53.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 25, § 53 repealed 18-3-5 NMSA 1978, as enacted by Laws 1978, ch. 164, § 4, relating to the museum division of the office of cultural affairs, 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 3 - State Museums and Societies › Section 18-3-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1978, ch. 164, § 5 repealed former 4-12-36 and 4-12-37, 1953 Comp., effective March 31, 1978.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1978, ch. 164, § 5 repealed former 4-12-36 and 4-12-37, 1953 Comp., effective March 31, 1978.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-8 - Recompiled.

History:
1941 Comp., § 3-3-931, enacted by Laws 1949, ch. 74, § 1; 1953 Comp., § 4-12-31; Laws 1977, ch. 246, § 24; 1980, ch. 151, § 28; recompiled as 9-4A-11 NMSA 1978 by Laws 2004, ch. 25, § 52.
ANNOTATIONS
Recompilations.
— Laws 2004, ch. 25, § 52 recompiled former 18-3-8 NMSA 1978 as 9-4A-11 NMSA 1978, effective May 19, 2004.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-9 - Recompiled.

History:
Laws 2005, ch. 277, § 1; 1978 Comp., § 18-3-9 recompiled and amended as § 9-4A-22 by Laws 2015, ch. 19, § 1.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 1 recompiled and amended former 18-3-9 NMSA 1978 as 9-4A-22 NMSA 1978, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-10 - Temporary provision; transfers.

On the effective date of this act:
A. all functions, personnel, money, appropriations, records, files, furniture, equipment and other property of the museum of fine art or the museum of fine art division of the cultural affairs department shall be transferred to the New Mexico museum of art or the New Mexico museum of art division of that department, respectively;
B. all functions, personnel, money, appropriations, records, files, furniture, equipment and other property of the museum services division of the cultural affairs department shall be transferred to the museum resources division of that department;
C. all contractual obligations of the museum of fine art or museum of fine art division of the cultural affairs department shall be binding on the New Mexico museum of art or the New Mexico museum of art division of that department, respectively;
D. all contractual obligations of the museum services division of the cultural affairs department shall be binding on the museum resources division of that department;
E. all statutory references to the museum of fine art or museum of fine art division of the cultural affairs department shall be deemed to be references to the New Mexico museum of art or the New Mexico museum of art division of that department, respectively; and
F. all statutory references to the museum services division of the cultural affairs department shall be deemed to be references to the museum resources division of that department.
History:
Laws 2007, ch. 269, § 6.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 269 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-11 - Laboratory of anthropology; acceptance of deed and title.

The state of New Mexico accepts the deed and bill of sale and the title of the laboratory of anthropology building and land described in the deed dated September 30, 1947 and directs that the property become part of the museum of New Mexico and be controlled and administered by the cultural affairs department.
History:
1941 Comp., § 3-3-931, enacted by Laws 1949, ch. 74, § 1; 1953 Comp., § 4-12-31; Laws 1977, ch. 246, § 24; 1978 Comp., §18-3-8; 1980, ch. 151, § 28; 2004, ch. 25, § 20; recompiled as § 9-4A-11 by Laws 2004, ch. 25, § 52; 1978 Comp., § 9-4A-11, recompiled as § 18-3-11 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled former 9-4A-11 NMSA 1978 as 18-3-11 NMSA 1978, effective July 1, 2015.
The 2004 amendment,
effective May 19, 2004, changed "museum division of office of cultural affairs" to "cultural affairs department".
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-12 - New Mexico museum of art division created; location; board of regents.

A. The "New Mexico museum of art division" is created in the department. The New Mexico museum of art located in Santa Fe shall be operated as a division of the department under the imprimatur of the museum of New Mexico. The museum of New Mexico board of regents shall exercise trusteeship over the New Mexico museum of art.
B. The director of the division shall meet the following minimum qualifications:
(1) hold a bachelor's or higher degree in a discipline related to the function of the division; and
(2) have significant experience in the management and operation of an organization similar to the division.
C. The director shall be appointed by the secretary from a list of no less than three names provided by the museum of New Mexico board of regents.
History:
Laws 2004, ch. 25, § 13; 2007, ch. 269, § 4; 1978 Comp., § 9-4A-13, recompiled as § 18-3-12 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled former 9-4A-13 NMSA 1978 as 18-3-12 NMSA 1978, effective July 1, 2015.
The 2007 amendment,
effective June 15, 2007, renamed the museum of fine art division to the "New Mexico museum of art division".
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-13 - Palace of the governors state history museum division created; location; board of regents.

A. The "palace of the governors state history museum division" is created in the cultural affairs department. The palace of the governors state history museum located in Santa Fe shall be operated as a division of the cultural affairs department under the imprimatur of the museum of New Mexico. The museum of New Mexico board of regents shall exercise trusteeship over the palace of the governors state history museum.
B. The director of the division shall meet the following minimum qualifications:
(1) hold a bachelor's or higher degree in a discipline related to the function of the division; and
(2) have significant experience in the management and operation of an organization similar to the division.
C. The director shall be appointed by the secretary of cultural affairs from a list of no less than three names provided by the museum of New Mexico board of regents.
History:
Laws 2004, ch. 25, § 14; 1978 Comp., § 9-4A-14, recompiled as § 18-3-13 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled former 9-4A-14 NMSA 1978 as 18-3-13 NMSA 1978, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-14 - Museum of international folk art division created; location; board of regents.

A. The "museum of international folk art division" is created in the cultural affairs department. The museum of international folk art located in Santa Fe shall be operated as a division of the cultural affairs department under the imprimatur of the museum of New Mexico. The museum of New Mexico board of regents shall exercise trusteeship over the museum of international folk art.
B. The director of the division shall meet the following minimum qualifications:
(1) hold a bachelor's or higher degree in a discipline related to the function of the division; and
(2) have significant experience in the management and operation of an organization similar to the division.
C. The director shall be appointed by the secretary of cultural affairs from a list of no less than three names provided by the museum of New Mexico board of regents.
History:
Laws 2004, ch. 25, § 15; 1978 Comp., § 9-4A-15, recompiled as § 18-3-14 NMSA 1978 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled former 9-4A-15 NMSA 1978 as 18-3-14 NMSA 1978, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-15 - Museum of Indian arts and culture division created; location; board of regents.

A. The "museum of Indian arts and culture division" is created in the cultural affairs department. The museum of Indian arts and culture located in Santa Fe shall be operated as a division of the cultural affairs department under the imprimatur of the museum of New Mexico. The museum of New Mexico board of regents shall exercise trusteeship over the museum of Indian arts and culture.
B. The director of the division shall meet the following minimum qualifications:
(1) hold a bachelor's or higher degree in a discipline related to the function of the division; and
(2) have significant experience in the management and operation of an organization similar to the division.
C. The director shall be appointed by the secretary of cultural affairs from a list of no less than three names provided by the museum of New Mexico board of regents.
History:
Laws 2004, ch. 25, § 16; 1978 Comp., § 9-4A-16, recompiled as § 18-3-15 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled former 9-4A-16 NMSA 1978 as 18-3-15 NMSA 1978, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-16 - State historic sites and monuments division created; board of regents.

A. The "state historic sites and monuments division" is created in the cultural affairs department. The division shall manage the state's historic sites and monuments, including:
(1) Coronado historic site;
(2) Jemez historic site;
(3) Fort Selden historic site;
(4) Bosque Redondo memorial and Fort Sumner historic site;
(5) Lincoln historic site;
(6) El Camino Real historic trail site;
(7) Fort Stanton historic site;
(8) Taylor Reynolds Barela Mesilla historic site; and
(9) Los Luceros historic site.
B. The state's historic sites shall operate under the imprimatur of the museum of New Mexico. The museum of New Mexico board of regents shall exercise trusteeship over state historic sites.
C. The director of the division shall meet the following minimum qualifications:
(1) hold a bachelor's or higher degree in a discipline related to the function of the division; and
(2) have significant experience in the management and operation of an organization similar to the division.
D. The director shall be appointed by the secretary of cultural affairs from a list of no less than three names provided by the museum of New Mexico board of regents.
History:
Laws 2004, ch. 25, § 17; 2013, ch. 67, § 2; 1978 Comp., § 9-4A-17, recompiled as § 18-3-16 by Laws 2015, ch. 19, § 19; 2019, ch. 113, § 2.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled former 9-4A-17 NMSA 1978 as 18-3-16 NMSA 1978, effective July 1, 2015.
The 2019 amendment,
effective June 14, 2019, added Los Luceros historic site to the list of state historic sites that are managed by the state historic sites and monuments division of the cultural affairs department; and added Paragraph A(9).
The 2013 amendment,
effective June 14, 2013, renamed the monuments division as the state historic sites and monuments division; renamed state monuments as historic sites; added Fort Stanton as a historic site; in the title, deleted "monuments" and added "historic sites and monuments"; in Subsection A, in the introductory sentences, deleted "monuments" and added "historic sites and monuments"; in Paragraphs (1) through (5), and (8), deleted "state monument" and added "historic site"; in Paragraph (4) of Subsection A, at the beginning of the sentence, added "Bosque Redondo memorial"; in Paragraph (6) of Subsection A, after "El Camino Real", deleted "international heritage center; and" and added "historic trail site"; added Paragraph (7) of Subsection A; and in Subsection B, in the first sentence, at the beginning of the sentence, deleted "state monuments" and added "state's historic sites"; and in the second sentence, after "trusteeship", deleted "the" and after "state", deleted "monuments" and added "historic sites".
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-17 - Archaeological services division created; board of regents.

A. The "archaeological services division" is created in the cultural affairs department. The division shall be operated as a division of the cultural affairs department under the imprimatur of the museum of New Mexico.
B. The museum of New Mexico board of regents shall exercise trusteeship over the archaeological services division.
C. The director of the division shall meet the following minimum qualifications:
(1) hold a bachelor's or higher degree in a discipline related to the function of the division; and
(2) have significant experience in the management and operation of an organization similar to the division.
D. The director shall be appointed by the secretary of cultural affairs from a list of no less than three names provided by the museum of New Mexico board of regents.
History:
Laws 2004, ch. 25, § 18; 1978 Comp., § 9-4A-18, recompiled as § 18-3-17 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled former 9-4A-18 NMSA 1978 as 18-3-17 NMSA 1978, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3 - State Museums and Societies › Section 18-3-18 - Museum of New Mexico divisions; directors; powers and duties.

Consistent with the policies of the secretary of cultural affairs and the board of regents, each director of a museum of New Mexico division:
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 of regents, 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 of regents, 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 of regents; and
(9) perform such other appropriate duties as may be delegated by the board of regents, the secretary of cultural affairs or the governor or as may be provided by law.
History:
1978 Comp., § 18-3-18, enacted by Laws 2015, ch. 19, § 4.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 19, § 20 made Laws 2015, ch. 19, § 4 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3A - Natural History Museum › Section 18-3A-1 - Short title.

Chapter 18, Article 3A NMSA 1978 may be cited as the "Natural History and Science Museum Act".
History:
Laws 1980, ch. 128, § 1; 1990, ch. 106, § 1.
ANNOTATIONS
Cross references.
— For museum of New Mexico,
see
18-3-1 to 18-3-3 NMSA 1978.
For Cultural Properties Act,
see
18-6-1 NMSA 1978 et seq.
For special recreation and museum privileges for veterans and their immediate families on Veteran's Day,
see
28-13A-1 NMSA 1978.
The 1990 amendment,
effective May 16, 1990, rewrote this section which formerly read "Sections 1 through 9 of this act may be cited as the 'Natural History Museum Act.' "
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3A - Natural History Museum › Section 18-3A-2 - Declaration and purpose of act.

The legislature declares that the natural history and physical science resources of the state constitute a common heritage concerning which all persons should receive knowledge and benefit. The purpose of the Natural History and Science Museum Act, therefore, is to create a state museum of natural history and physical sciences which shall hereafter collect, preserve, study and interpret materials representative of the natural history of the state and region and develop and maintain educational exhibits and programs on natural history and physical science for the benefit of the citizens of New Mexico and visitors to the state.
History:
Laws 1980, ch. 128, § 2; 1990, ch. 106, § 2.
ANNOTATIONS
The 1990 amendment,
effective May 16, 1990, inserted "and physical science" and "and physical sciences" following "natural history" in the first and second sentences, substituted "Natural History and Science Museum Act" for "Natural History Museum Act" and "educational exhibits and programs on natural history and physical science" for "exhibits and programs of an educational nature" in the second sentence and made a stylistic change.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3A - Natural History Museum › Section 18-3A-3 - Definitions.

As used in the Natural History and Science Museum Act:
A. "board" means the board of trustees of the New Mexico museum of natural history and science;
B "director" means the director of the division;
C. "division" means the natural history and science museum division of the cultural affairs department;
D. "museum" means the New Mexico museum of natural history and science;
E. "natural history" means that which pertains to the earth and its life, including but not limited to the fields of biology, geology and related life sciences; and
F. "physical science" means that which pertains to mathematics, physics, chemistry, astronomy and related sciences and technologies.
History:
Laws 1980, ch. 128, § 3; 1987, ch. 38, § 1; 1990, ch. 106, § 3; 2004, ch. 25, § 21.
ANNOTATIONS
Cross references.
— For merger of educational finance and cultural affairs department with the department of finance and administration,
see
9-1-11 NMSA 1978.
The 2004 amendment,
effective May 19, 2004, in Subsection B, deleted references to the office of cultural affairs and natural history and science museum; and in Subsection C, changed "office of cultural affairs" to "cultural affairs department".
The 1990 amendment,
effective May 16, 1990, added "and science" following "natural history" throughout the section, substituted "Natural History and Science Museum Act" for "Natural History Museum Act" in the introductory phrase, added Subsection F and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3A - Natural History Museum › Section 18-3A-4 - Natural history and science museum division; creation; location; property.

A. The "natural history and science museum division" is created within the cultural affairs department. The principal facility of this division is the "New Mexico museum of natural history and science" located in Albuquerque. The site shall be held in the name of the state.
B. All property, real or personal, now held or subsequently acquired for the operation of the museum shall be under the control and authority of the board.
C. Funds or other property received by gift, endowment or legacy shall remain under the control of the board and shall, upon acceptance, be employed for the purpose specified.
History:
Laws 1980, ch. 128, § 4; 1987, ch. 38, § 2; 1990, ch. 106, § 4; 2004, ch. 25, § 22.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, in Subsection A, changed "office of cultural affairs" to "cultural affairs department", and made other non-substantive amendments.
The 1990 amendment,
effective May 16, 1990, substituted "Natural History and Science Museum Division" for "Natural History Museum Division" in the catchline, and, in Subsection A, added "and science" following "natural history" in two places, and substituted "site shall be" for "site will be" in the third sentence.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 3A - Natural History Museum › Section 18-3A-5 - Board of trustees created; appointment; terms; officers.

A. The "board of trustees of the New Mexico museum of natural history and science" is created. The board shall consist of thirteen residents of New Mexico appointed as follows:
(1) eleven public members shall be appointed by the governor with the advice and consent of the senate. In making these appointments, the governor shall give due consideration to the geographic distribution of places of residence and to individual interest and background in natural history and physical science; provided that:
(a) not less than two of these public members shall be employees of state institutions of higher learning or appropriate state agencies;
(b) not less than two members shall be from the science community; and
(c) not less than two members shall be from the natural history community.
The public members shall be appointed for terms of four years or less so that all terms are coterminous with the current term of the governor appointing them and shall serve at the pleasure of the governor; and
(2) two private members shall be appointed by the board of the New Mexico museum of natural history foundation, inc. for terms of one year or less expiring on June 30 each year. Vacancies in the position of private member shall be filled by the board of the New Mexico museum of natural history foundation, inc.
B. The director shall be an ex-officio nonvoting member of the board.
C. The president of the board shall be designated by the governor and shall serve in that capacity at the pleasure of the governor. Other officers as deemed necessary by the board shall be elected by the board annually at its first scheduled meeting after July 1.
History:
Laws 1980, ch. 128, § 5; 1987, ch. 38, § 3; 1990, ch. 106, § 5; 1993, ch. 130, § 1.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, in Subsection A, substituted "eleven" for "nine" at the beginning of Paragraph (1), deleted former Paragraph (3) relating to appointment of private members and made minor stylistic changes throughout the subsection.
The 1990 amendment,
effective May 16, 1990, in Subsection A, added "and science" following "natural history" in the first sentence, substituted "thirteen residents" for "eleven residents" in the second sentence, rewrote the second sentence of Paragraph (1) to add the reference to "physical science" and the provisions of Subparagraphs (b) and (c), added Paragraph (3), and made minor stylistic changes.