reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-19 - Purpose.

The purpose of the Historic Preservation Loan Act [18-6-18 to 18-6-23 NMSA 1978] is to provide owners of registered cultural properties in New Mexico with low-cost financial assistance in the restoration, rehabilitation and repair of properties listed in the state register of cultural properties or national register of historic places, which are a part of the state's heritage and which contribute substantially to the state's economic well being and to a sound and proper balance between preservation and development, through the creation of a self-sustaining revolving loan program to rehabilitate, repair and restore historic properties.
History:
Laws 1987, ch. 7, § 2.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-20 - Definitions.

As used in the Historic Preservation Loan Act [18-6-18 to 18-6-23 NMSA 1978]:
A. "committee" means the cultural properties review committee;
B. "division" means the historic preservation division of the cultural affairs department;
C. "fund" means the historic preservation loan fund;
D. "property owner" means the sole owner, joint owner, owner in partnership or corporate owner of a registered cultural property. As used in this subsection, the term "property owner" includes the owner of a leasehold interest in a registered cultural property, if the term of the lease is not less than nineteen years; and
E. "registered cultural property" means a site, structure, building or object entered in the state register of cultural properties or the national register of historic places or both.
History:
Laws 1987, ch. 7, § 3; 2004, ch. 25, § 33.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, in Subsection B, 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 18-6-21 - Fund created; administration.

A. There is created in the state treasury a revolving loan fund which shall be known as the "historic preservation loan fund". The division shall administer the fund and may make loans from the fund in accordance with the Historic Preservation Loan Act [18-6-18 to 18-6-23 NMSA 1978].
B. The division shall deposit in the fund all receipts from the repayment of loans made pursuant to the Historic Preservation Loan Act.
C. The division may deposit in the fund any private funds made available for the purposes of the Historic Preservation Loan Act and any federal funds made available for the purpose of making grants or loans to owners of registered historic properties. Such funds may be used by the division to make or to subsidize loans made pursuant to the Historic Preservation Loan Act.
History:
Laws 1987, ch. 7, § 4.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-22 - Loan program; duties of division and committee.

A. The division shall establish a program to make direct loans or loan subsidies and a program to contract with one or more lending institutions for deposits to be used for the purpose of making or subsidizing loans to owners of registered cultural properties for the restoration, rehabilitation or repair of those properties in accordance with the Historic Preservation Loan Act [18-6-18 to 18-6-23 NMSA 1978].
B. The division shall adopt rules and regulations to govern the application procedure and requirements for making or subsidizing loans under the Historic Preservation Loan Act.
C. The division shall adopt rules and regulations to govern the deposits with lending institutions for making or subsidizing loans under the Historic Preservation Loan Act.
D. The division and committee in cooperation shall adopt a system for the priority ranking of historic preservation projects, both eligible and ineligible for federal funding assistance, for which loan or loan subsidy applications have been received by the division. The system shall be based on factors including geographic distribution of recipient projects, severity of deterioration of the registered property, the degree of architectural and construction detail in the loan application demonstrating the feasibility of the proposed restoration, rehabilitation or repair of the registered cultural property and availability of other funding for the project. All loans or loan subsidies from the fund shall be granted pursuant to this system and the system shall be reviewed annually by the division and committee.
E. The committee and division shall monitor the fund and shall prepare an annual report to the governor and the legislature detailing the operations of the fund.
F. The division has the authority necessary and appropriate for the exercise of the powers and duties conferred by the Historic Preservation Loan Act.
History:
Laws 1987, ch. 7, § 5.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-23 - Loans; criteria.

A. Loans or loan subsidies from the fund shall be made only to property owners who:
(1) agree to repay the loan and to maintain the registered cultural property as restored, rehabilitated or repaired for a specified period but in no case less than seven years;
(2) agree to maintain complete and proper financial records regarding the registered cultural property and to make these available to the division on request;
(3) agree to complete the proposed rehabilitation, repair or restoration work on the registered cultural property within two years from the date of project loan approval by the division; and
(4) provide sufficient collateral security interest in the registered cultural property to the state of New Mexico in accordance with rules and regulations established by the committee and division.
B. A loan shall be made for a period not to exceed five years with interest on the unpaid balance at a rate not greater than the yield at the time of loan approval on United States treasury bills with a maturity of 365 days plus three and one-half percent. A loan shall be repaid by the property owner in equal installments not less often than annually with the first installment due within one year of the date the loan is issued.
C. Loans shall be made only for eligible costs. Eligible costs include architectural, engineering and planning costs, inspection of work in progress, contracted restoration, rehabilitation and repair costs and costs necessary to meet code requirements. Eligible costs shall not include costs of land acquisition, legal costs or fiscal agents' fees.
History:
Laws 1987, ch. 7, § 6.
ANNOTATIONS
Severability clauses.
— Laws 1987, ch. 7, § 7 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-24 - Short title.

This act [18-6-24 to 18-6-27 NMSA 1978] may be cited as the "Reburial Grounds Act".
History:
Laws 2007, ch. 299, § 1 and Laws 2007, ch. 300, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 299, § 1 and Laws 2007, ch. 300, § 1 enacted identical sections, effective June 15, 2007. The section was set out as enacted by Laws 2007, ch. 300, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-25 - Definitions.

As used in the Reburial Grounds Act [18-6-24 to 18-6-27 NMSA 1978]:
A. "department" means the cultural affairs department;
B. "descendant group" means persons demonstrably related to the remains by consanguinity, family affiliation, clan or direct historical association and includes a Native American nation, band, tribe or pueblo in New Mexico;
C. "funerary object" means an object or artifact associated with a human burial;
D. "reburial grounds" means state or federal land set aside pursuant to the Reburial Grounds Act that secures and preserves unmarked graves for remains not claimed by a descendant group;
E. "remains" means a human body, skeletal remains or mummified remains discovered during construction and other projects or exposed through erosion, excavation or accident or other means on state, federal and private lands and includes a funerary object or artifact associated with the remains; and
F. "state land" means property owned, controlled or operated by a department, agency, institution or political subdivision of the state.
History:
Laws 2007, ch. 299, § 2 and Laws 2007, ch. 300, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 299, § 2 and Laws 2007, ch. 300, § 2 enacted identical sections, effective June 15, 2007. The section was set out as enacted by Laws 2007, ch. 300, § 2.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-26 - Remains designated for reburial.

Except as otherwise designated by the department, remains shall be reburied in the reburial grounds unless a descendant group that demonstrates a relationship to the remains requests otherwise.
History:
Laws 2007, ch. 299, § 3 and Laws 2007, ch. 300, § 3.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 299, § 3 and Laws 2007, ch. 300, § 3 enacted identical sections, effective June 15, 2007. The section was set out as enacted by Laws 2007, ch. 300, § 3.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6 - Cultural Properties › Section 18-6-27 - Designation of reburial grounds site.

The department shall facilitate the designation of state or federal land for reburial of unmarked remains not claimed by a descendant group and shall:
A. by September 1, 2007, organize a working group that includes representatives of the department, the Indian affairs department and the tribal-state workgroup on repatriation and sacred places to:
(1) recommend rules for the acquisition of remains and the maintenance and preservation of the reburial grounds;
(2) distinguish between remains that can be reburied and remains that cannot; and
(3) establish procedures and priorities for reburying remains held in state collections;
B. by December 30, 2008, promulgate rules for:
(1) platting remains placed in the reburial grounds and ensuring that the information is confidential pursuant to Section 18-6-11.1 NMSA 1978;
(2) accepting and acquiring remains and coordinating activities with the state historic preservation officer;
(3) preserving the natural environment of the reburial grounds;
(4) distinguishing between remains that can be reburied and those that cannot;
(5) working with descendant groups that request access to the reburial grounds for ceremonies; and
(6) providing for security and confidentiality of the site; and
C. by July 1, 2009:
(1) accept the first remains for reburial, including remains currently at the museum of New Mexico, the museum of Indian arts and culture and the department;
(2) begin platting the reburial grounds so that reburied remains are not disturbed by later burials and so that the plat is confidential pursuant to Section 18-6-11.1 NMSA 1978; and
(3) provide security for the reburial grounds.
History:
Laws 2007, ch. 299, § 4 and Laws 2007, ch. 300, § 4.
ANNOTATIONS
Cross references.
— For the department referred to in this section,
see
the cultural affairs department, 18-6-6 NMSA 1978.
Compiler's notes.
— Laws 2007, ch. 299, § 4 and Laws 2007, ch. 300, § 4 enacted identical sections, effective June 15, 2007. The section was set out as enacted by Laws 2007, ch. 300, § 4.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6A - Cultural Properties Protection › Section 18-6A-1 - Short title.

Chapter 18, Article 6A NMSA 1978 may be cited as the "Cultural Properties Protection Act".
History:
Laws 1993, ch. 176, § 1; 2004, ch. 25 , § 34.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, provided that the Cultural Properties Protection Act be cited as "Chapter 18, Article 6A".
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6A - Cultural Properties Protection › Section 18-6A-2 - Definitions.

As used in the Cultural Properties Protection Act:
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. "division" means the historic preservation division of the cultural affairs department;
D. "fund" means the cultural properties restoration fund;
E. "interpretation" means the inventory, registration, mapping and analysis of cultural properties and public educational programs designed to prevent the loss of cultural properties;
F. "officer" means the state historic preservation officer;
G. "preservation" means sustaining the existing form, integrity and material of a cultural property or the existing form and vegetative cover of a cultural property and may include protective maintenance or stabilization where necessary in the case of archaeological sites;
H. "professional survey" means an archaeological or architectural survey;
I. "protection" means safeguarding the physical condition or environment of a cultural property from deterioration or damage caused by weather or other natural, animal or human intrusions;
J. "restoration" means recovering the general historic appearance of a cultural property or the form and details of an object or structure by removing incompatible natural or human-caused accretions and replacing missing elements as appropriate;
K. "stabilization" means reestablishing the structural stability or weather-resistant condition of a cultural property or arresting deterioration that may lead to structural failure;
L. "state agency" means a department, agency, institution or political subdivision of the state; and
M. "state land" means property owned, controlled or operated by a state agency.
History:
Laws 1993, ch. 176, § 2; 2004, ch. 25, § 35.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, in Subsection C, changed "office of cultural affairs" to "cultural affairs department".
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6A - Cultural Properties Protection › Section 18-6A-3 - Fund; created; purpose.

A. The "cultural properties restoration fund" is created in the state treasury. The fund may receive money appropriated by the legislature or gifts, grants, bequests or payments for services rendered by the division from any public or private source. All money appropriated to the fund or accruing to the fund as a result of gifts, grants, bequests, payments for services rendered, investment of the fund or from any other source shall not be transferred to another fund but shall remain in the fund to be encumbered and disbursed according to the provisions of the Cultural Properties Protection Act. Money in the fund shall not revert to the general fund or to any other fund from which money was appropriated.
B. Money in the fund shall be used solely for the purpose of providing grants for interpretation, restoration, preservation, stabilization and protection of cultural property that is state property.
C. Disbursements from the fund shall be made only upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the officer.
History:
Laws 1993, ch. 176, § 3.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6A - Cultural Properties Protection › Section 18-6A-4 - Administration; regulatory authority.

A. The officer shall administer the provisions of the Cultural Properties Protection Act and shall adopt rules, regulations and criteria for reviewing and awarding grants as necessary to carry out the provisions of that act.
B. Rules and regulations shall include:
(1) the method to be used to determine the eligibility of a state agency to receive grants from the fund;
(2) a procedure for application, approval and rejection of grant proposals;
(3) a requirement that an interpretation, restoration, preservation, stabilization or protection project be undertaken in accordance with specifications approved by the officer; and
(4) a requirement that a cultural property assisted by a grant be preserved and protected for a specified period of time, but in no case less than ten years.
C. Criteria for reviewing and awarding grants shall include the:
(1) degree of physical damage or deterioration of the cultural property;
(2) special status of the cultural property, including whether the property is listed on a national, state or local register of historic places; and
(3) suitability of the cultural property for interpretation.
D. At least annually, the officer, in consultation with the committee and with the approval of the officials having jurisdiction over cultural properties being considered, shall select:
(1) cultural properties to be restored, preserved, stabilized and protected; and
(2) programs for interpretation.
E. The officer may contract with state agencies, architectural and engineering firms, private nonprofit organizations or individuals for interpretation, restoration, preservation, stabilization and protection.
History:
Laws 1993, ch. 176, § 4.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6A - Cultural Properties Protection › Section 18-6A-5 - Professional surveys.

The officer shall, in cooperation with the heads of state agencies, establish a system of professional surveys of cultural properties on state lands. State agencies shall cooperate with the officer and exercise due caution to ensure that cultural properties are not inadvertently damaged or destroyed.
History:
Laws 1993, ch. 176, § 5.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 6A - Cultural Properties Protection › Section 18-6A-6 - Joint powers agreements.

As authorized by the Joint Powers Agreements Act [11-1-1 NMSA 1978], any state agency may enter into a joint powers agreement with the division to effect the purposes of the Cultural Properties Protection Act.
History:
Laws 1993, ch. 176, § 6.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 7 - Museum of Space History › Section 18-7-1 - Museum of space history division; creation.

The "museum of space history division" is created within the cultural affairs department. The principal facility of the division is the "museum of space history" located in Alamogordo. The site shall be held in the name of the state.
History:
1953 Comp., § 73-46-1, enacted by Laws 1978, ch. 72, § 1; 1980, ch. 151, § 40; 1987, ch. 313, § 1; 2001, ch. 275, § 2; 2001, ch. 278, § 2; 2004, ch. 25, § 36.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, Chapter 72 repealed 73-46-1 to 73-46-3, 1953 Comp. (former 18-7-1 to 18-7-4 NMSA 1978), relating to the international space hall of fame, effective March 31, 1978, and enacted new §§ 73-46-1 to 73-46-3, 1953 Comp.
Cross references.
— For special recreation and museum privileges for veterans and their immediate families on Veteran's Day,
see
28-13A-1 NMSA 1978.
The 2004 amendment,
effective May 19, 2004, changed "office of cultural affairs" to "cultural affairs department" and designated Alamogordo as the location of the museum of space history.
The 2001 amendment,
effective June 15, 2001, substituted "museum of space history division" for "space center division" in the section heading and within the section.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 7 - Museum of Space History › Section 18-7-2 - New Mexico museum of space history commission.

There is created the "New Mexico museum of space history commission" consisting of eleven members appointed by the governor. Membership shall be composed of geographically diverse residents of the state that are proficient in the scientific study of space, museums or other relevant subject areas. Three members shall be appointed to the commission for a term ending December 31, 1974, four members shall be appointed to the commission for a term ending December 31, 1975 and four members shall be appointed to the commission for a term ending December 31, 1976. Thereafter, members of the commission shall be appointed for terms of three years or less in such manner that the staggered expiration date is maintained. Necessary officers shall be elected by the commission. The commission members shall be reimbursed for their necessary and actual mileage and per diem expenses as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1953 Comp., § 73-46-2, enacted by Laws 1978, ch. 72, § 2; 1987, ch. 313, § 2; 2001, ch. 275, § 3; 2001, ch. 278, § 3; 2019, ch. 78, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, Chapter 72 repealed 73-46-1 to 73-46-3, 1953 Comp. (former 18-7-1 to 18-7-4 NMSA 1978), relating to the international space hall of fame, effective March 31, 1978, and enacted new §§ 73-46-1 to 73-46-3, 1953 Comp.
The 2019 amendment,
effective June 14, 2019, revised the eligibility requirements for members of the New Mexico museum of space history commission; deleted "Four members of the commission shall be appointed at large and one member shall be appointed from each of the planning and development districts." and added "Membership shall be composed of geographically diverse residents of the state that are proficient in the scientific study of space, museums or other relevant subject areas."
The 2001 amendment,
effective June 15, 2001, substituted "New Mexico museum of space history commission" for "space center commission" in the catchline and within the section.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 7 - Museum of Space History › Section 18-7-3 - New Mexico museum of space history commission; powers and duties.

The New Mexico museum of space history commission shall:
A. establish museum of space history policy and determine the mission and direct the development of the museum subject to the approval of the secretary of cultural affairs;
B. hold title to all property for museum use;
C. exercise trusteeship over the collections of the museum;
D. acquire objects relating to the history of rocketry, space flight, astronomy and related fields of interest to the public and real property for museum use or benefit by purchase, donation and bequest;
E. solicit funds for the purpose of developing, restoring and equipping the museum and its property and for the purchase of objects and works of art for its collections and for the development of exhibits and other public programs;
F. adopt rules as appropriate governing:
(1) the loan of objects and exhibits to qualified institutions and agencies for the purpose of exhibition;
(2) gifts, donations or loans of exhibit or collection materials for the museum;
(3) the licensure of the museum's intellectual property; and
(4) other matters necessary to carry out the provisions of Chapter 18, Article 7 NMSA 1978;
G. enter into leases with public or private organizations or agencies for the use of museum premises or facilities for periods of time that exceed forty-five days;
H. cooperate with other agencies and political subdivisions of state, tribal and federal governments and private organizations and individuals to the extent necessary to establish and maintain the museum and its programs;
I. subject to other provisions of law and excepting temporary statewide initiatives of the secretary of cultural affairs, impose admission fees to the museum facilities and programs; and
J. review annually the performance of the director and report its findings to the secretary of cultural affairs.
History:
1953 Comp., § 73-46-3, enacted by Laws 1978, ch. 72, § 3; 1980, ch. 151, § 41; 1987, ch. 313, § 3; 1989, ch. 75, § 1; 1991, ch. 242, § 5; 2001, ch. 275, § 4; 2001, ch. 278, § 4; 2004, ch. 25, § 37; 1978 Comp., § 18-7-3, repealed and reenacted by Laws 2015, ch. 19, § 8.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, Chapter 72 repealed 73-46-1 to 73-46-3, 1953 Comp. (former 18-7-1 to 18-7-4 NMSA 1978), relating to the international space hall of fame, effective March 31, 1978, and enacted a new 73-46-3, 1953 Comp.
Laws 2015, ch. 19, § 8 repealed and reenacted 18-7-3 NMSA 1978, effective July 1, 2015.
The 2004 amendment,
effective May 19, 2004, deleted the reference to the office of cultural affairs, deleted the duty of the commission to establish general operations policies for the museum and made other minor revisions.
The 2001 amendment,
effective June 15, 2001, substituted "museum of space history" for "space center" throughout the section.
The 1991 amendment,
effective June 14, 1991, added Subsection M and made a related stylistic change.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 7 - Museum of Space History › Section 18-7-3.1 - Museum admission policy.

The commission 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., § 18-7 3.1, enacted by Laws 1991, ch. 242, § 6.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 7 - Museum of Space History › Section 18-7-4 - Museum of space history director; appointment; qualifications.

A. Subject to the authority of the secretary of cultural affairs, the administrative and executive officer of the museum of space history division and the museum of space history is the "director" of the division.
B. The director shall meet the following minimum qualifications:
(1) hold a bachelor's or higher degree in a discipline related to the functions of the division; and
(2) have significant experience in the management and operation of an organization similar to the division.
C. The director of the museum of space history division shall be appointed by the secretary of cultural affairs with the approval of the governor from a list of qualified candidates provided by the museum of space history commission.
History:
1953 Comp., § 73-46-4, enacted by Laws 1978, ch. 72, § 4; 1980, ch. 151, § 42; 1987, ch. 313, § 4; 2001, ch. 275, § 5; 2001, ch. 278, § 5; 2004, ch. 25, § 38; 2015, ch. 19, § 9.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided for qualifications for the director of the museum of space history; in the catchline, added "Museum of space history", and after "director", deleted "employment" and added "appointment; qualifications"; added Subsections A and B and redesignated the previously undesignated first paragraph of the section as Subsection C; in Subsection C, after "shall be", deleted "hired" and added "appointed", and after "cultural affairs", added "with the approval of the governor from a list of qualified candidates provided by the museum of space history commission."
The 2004 amendment,
effective May 19, 2004, provided for the hiring and removal of the director of the museum by the secretary of cultural affairs instead of the museum of space history commission.
The 2001 amendment,
effective June 15, 2001, substituted "museum of space history" for "space center" throughout the section.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 7 - Museum of Space History › Section 18-7-5 - Museum of space history director duties.

Consistent with the policies of the secretary of cultural affairs and the New Mexico museum of space history commission, the director of the museum of space history:
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 commission, 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 commission, 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 commission; and
(9) perform such other appropriate duties as may be delegated by the commission, the secretary of cultural affairs or the governor or as may be provided by law.
History:
Laws 2015, ch. 19, § 10.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 19, § 20 made Laws 2015, ch. 19, § 10, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 8 - Prehistoric and Historic Sites Preservation › Section 18-8-1 - Short title.

This act [18-8-1 to 18-8-8 NMSA 1978] may be cited as the "New Mexico Prehistoric and Historic Sites Preservation Act".
History:
Laws 1989, ch. 13, § 1.
ANNOTATIONS
Law reviews.
— 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).
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 8 - Prehistoric and Historic Sites Preservation › Section 18-8-2 - Purpose.

The purpose of the New Mexico Prehistoric and Historic Sites Preservation Act is the acquisition, stabilization, restoration or protection of significant prehistoric and historic sites by the state of New Mexico and corporations.
History:
Laws 1989, ch. 13, § 2.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 8 - Prehistoric and Historic Sites Preservation › Section 18-8-3 - Definitions.

As used in the New Mexico Prehistoric and Historic Sites Preservation Act:
A. "corporation" means a nonprofit corporation, formally recognized as tax exempt under Section 501(c)3 of the Internal Revenue Code of 1986, whose declared purposes include the investigation, preservation or conservation of significant prehistoric or historic sites;
B. "division" means the historic preservation division of the cultural affairs department; and
C. "significant prehistoric or historic sites" means properties listed in the state register of cultural properties or national register of historic places.
History:
Laws 1989, ch. 13, § 3; 2004, ch. 25, § 39.
ANNOTATIONS
Cross references.
— For Section 501(c)3 of the federal Internal Revenue Code of 1986,
see
26 U.S.C. § 501(c)(3).
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 8 - Prehistoric and Historic Sites Preservation › Section 18-8-4 - Administration; cost sharing formula; limitations.

A. The New Mexico Prehistoric and Historic Sites Preservation Act shall be administered by the state historic preservation officer in consultation with the cultural properties review committee.
B. The division and the cultural properties review committee shall cooperatively develop criteria for the acquisition, stabilization, restoration or protection of significant historic or prehistoric sites. Such criteria shall be reviewed by them at a public meeting held annually in accordance with the Open Meetings Act [Chapter 10, Article 15 NMSA 1978].
C. The division shall annually solicit proposals from state agencies, subdivisions of state government and corporations for the acquisition, stabilization, restoration or protection of significant prehistoric and historic sites.
D. Subject to the availability of funds, the state may pay up to ninety percent of the cost of acquisition, stabilization, restoration or protection of a significant prehistoric or historic site. Title to that site shall vest in the state or a political subdivision of the state and a corporation that participates in acquiring a minimum of at least a ten percent undivided interest in the site or defrays not less than ten percent of the cost of acquisition, stabilization, restoration or protection of the site.
E. In the event of joint acquisition by the state or a political subdivision of the state and a corporation, the state or the subdivision and the corporation shall hold undivided interests in the property, in proportion to the state's and the corporation's share, and the property shall be held in the name of the state and the corporation.
F. Criteria for the acquisition and protection of significant prehistoric and historic sites include:
(1) the degree to which the property is threatened by deterioration or destruction;
(2) the rarity or uniqueness of the property or property type; and
(3) the value of the property for public interpretation and visitation.
History:
Laws 1989, ch. 13, § 4.
ANNOTATIONS
Standing in private action.
— Plaintiff organizations had standing to bring a private cause of action against city, seeking injunctive relief against further planning, funding, contracting and construction of a segment of a city boulevard that bordered a national monument, where they contended the project violated the New Mexico Prehistoric and National Historic Sites Preservation Act.
Nat'l Trust for Historic Preservation v. City of Albuquerque
, 1994-NMCA-057, 117 N.M. 590, 874 P.2d 798.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 8 - Prehistoric and Historic Sites Preservation › Section 18-8-5 - Management.

A. The corporation shall be required to prepare a long-term management plan for any site acquired, stabilized, restored or protected as provided for in Subsection D of Section 4 [18-8-4 NMSA 1978] of the New Mexico Prehistoric and Historic Sites Preservation Act. The management plan shall be subject to the approval of the division. That plan shall provide for disposition of the corporation's interest in the property, in the event that the corporation ceases to exist, either to another corporation or to the state. The division and the corporation shall enter into a contract providing for management, interpretation and preservation of any property acquired, stabilized, restored or protected under the provisions of the New Mexico Prehistoric and Historic Sites Preservation Act.
B. A contract for the management, interpretation or preservation of a site may be enforced by injunction or other appropriate proceeding in any court of competent jurisdiction.
History:
Laws 1989, ch. 13, § 5.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 8 - Prehistoric and Historic Sites Preservation › Section 18-8-6 - No power of eminent domain.

No property or right of access may be acquired under the New Mexico Prehistoric and Historic Sites Preservation Act through exercise of the state's power of eminent domain or other condemnation process.
History:
Laws 1989, ch. 13, § 6.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 8 - Prehistoric and Historic Sites Preservation › Section 18-8-7 - Preservation of significant prehistoric or historic sites.

No public funds of the state or any of its agencies or political subdivisions shall be spent on any program or project that requires the use of any portion of or any land from a significant prehistoric or historic site unless there is no feasible and prudent alternative to such use, and unless the program or project includes all possible planning to preserve and protect and to minimize harm to the significant prehistoric or historic site resulting from such use. The provisions of this section may be enforced by an action for injunction or other appropriate relief in a court of competent jurisdication [jurisdiction].
History:
Laws 1989, ch. 13, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Inapplicability of retroactive effect.
— The provisions of this section have no retroactive effect as to those portions of the project for which planning was complete and the city had previously received authorization and approval to construct prior to June 16, 1989.
City of Albuquerque v. State ex rel. Village of Los Ranchos de Albuquerque
, 1991-NMCA-015, 111 N.M. 608, 808 P.2d 58, cert. denied, 113 N.M. 524, 828 P.2d 957 (1992).
Authority of state historic preservation officer.
— The state historic preservation officer's authority to issue regulations for the implementation of the Prehistoric and Historic Sites Preservation Act does not encompass the power to shift the burden of persuasion in a court proceeding from it or its allies to an opposing party; the state historic preservation officer cannot by regulation contradict the act.
Nat'l Trust for Historic Preservation v. City of Albuquerque
, 1994-NMCA-057, 117 N.M. 590, 874 P.2d 798.
Standing in private action.
— Plaintiff organizations had standing to bring a private cause of action against city, seeking injunctive relief against further planning, funding, contracting and construction of a segment of a city boulevard which bordered a national monument, where they contended the project violated the New Mexico Prehistoric and National Historic Sites Preservation Act.
Nat'l Trust for Historic Preservation v. City of Albuquerque
, 1994-NMCA-057, 117 N.M. 590, 874 P.2d 798.
Remedy for violation.
— If a public agency is expending funds in violation of this section, the remedy is to bring an action in court.
Nat'l Trust for Historic Preservation v. City of Albuquerque
, 1994-NMCA-057, 117 N.M. 590, 874 P.2d 798.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 9 - Library Privacy › Section 18-9-2 - Purpose.

The purpose of the Library Privacy Act is to preserve the intellectual freedom guaranteed by Sections 4 and 17 of Article 2 of the constitution of New Mexico by providing privacy for users of the public libraries of the state with respect to the library materials that they wish to use.
History:
Laws 1989, ch. 151, § 2.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 9 - Library Privacy › Section 18-9-3 - Definitions.

As used in the Library Privacy Act:
A. "library" includes any library receiving public funds, any library that is a state agency and any library established by the state, an instrumentality of the state, a local government, district or authority, whether or not that library is regularly open to the public; and
B. "patron record" means any document, record or other method of storing information retained by a library that identifies, or when combined with other available information identifies, a person as a patron of the library or that indicates use or request of materials from the library. "Patron record" includes patron registration information and circulation information that identifies specific patrons.
History:
Laws 1989, ch. 151, § 3.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 9 - Library Privacy › Section 18-9-4 - Release of patron records prohibited.

Patron records shall not be disclosed or released to any person not a member of the library staff in the performance of his duties, except upon written consent of the person identified in the record, or except upon court order issued to the library. The library shall have the right to be represented by counsel at any hearing on disclosure or release of its patron records.
History:
Laws 1989, ch. 151, § 4.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 9 - Library Privacy › Section 18-9-5 - Exceptions.

The prohibition on the release or disclosure of patron records in Section 4 [18-9-4 NMSA 1978] of the Library Privacy Act shall not apply to overdue notices or to the release or disclosure by school libraries to the legal guardian of the patron records of unemancipated minors or legally incapacitated persons.
History:
Laws 1989, ch. 151, § 5.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 9 - Library Privacy › Section 18-9-6 - Violations; civil liability.

Any person who violates Section 4 [18-9-4 NMSA 1978] of the Library Privacy Act shall be subject to civil liability to the person identified in the released records for damages and costs of the action as determined by the court.
History:
Laws 1989, ch. 151, § 6.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 10 - Abandoned Cultural Properties › Section 18-10-1 - Short title.

Sections 1 through 5 [18-10-1 to 18-10-5 NMSA 1978] of this act may be cited as the "Abandoned Cultural Properties Act".
History:
Laws 1989, ch. 211, § 1.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 10 - Abandoned Cultural Properties › Section 18-10-2 - Definitions.

As used in the Abandoned Cultural Properties Act:
A. "lender" means a person whose name appears on the records of the museum or, in the event of the death of the person, the successor in interest to the property as the person entitled to property held in the museum;
B. "loan" means all deposits of property with a museum which are not accompanied by a transfer of title to the property;
C. "museum" means an institution located in New Mexico and operated by a nonprofit corporation or public agency, primarily educational, scientific or aesthetic in purpose, which owns, borrows, cares for, studies, archives or exhibits property; and
D. "property" means all tangible objects, animate or inanimate, under a museum's care which have scientific, historic, artistic or cultural value.
History:
Laws 1989, ch. 211, § 2.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 10 - Abandoned Cultural Properties › Section 18-10-3 - Abandonment of property.

A. Property on loan to a museum shall be deemed abandoned:
(1) if, since the expiration date of the loan, seven years have passed with no written notice of termination of the loan from the lender to the museum; or
(2) if the loan has no expiration date, at least seven years have passed since the loan was made and the lender has failed to respond to written notice from the museum.
B. A museum shall acquire title to property deemed to be abandoned by providing the lender with a notice of abandonment. If no valid claim has been made for the property within sixty-five days from the date of notice of abandonment, title to the property shall vest in the museum free of all claims of the lender and all persons claiming on behalf of the lender.
C. Notwithstanding the provisions of Sections 13-6-1 and 13-6-2 NMSA 1978, property acquired by a museum through abandonment procedures established in the Abandoned Cultural Properties Act may be kept by the museum, may be sold, with the proceeds going to the museum, or may be destroyed. The museum shall notify the state auditor or, in the case of private museums, the governing authority of the museum regarding the disposition of all abandoned property.
History:
Laws 1989, ch. 211, § 3.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 10 - Abandoned Cultural Properties › Section 18-10-4 - Notice of abandonment.

A. A notice of abandonment shall contain, if known, the lender's name, the lender's address, the date of the loan, a brief description of the loaned property and the name, address and telephone number of the appropriate office or official to be contacted at the museum for information regarding the loan.
B. A notice of abandonment shall be mailed by certified mail, return receipt requested, by the museum to the lender at the lender's last known address as shown in museum records. If the museum does not have an address for the lender, or if proof of receipt of notice is not received within thirty days from the mailing of a notice of abandonment, a notice of abandonment shall be published at least once a week for two successive weeks in a newspaper of general circulation in both the county in which the museum is located and the county of the lender's last known address. The museum shall exercise diligence in attempting to contact the lender.
History:
Laws 1989, ch. 211, § 4.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 10 - Abandoned Cultural Properties › Section 18-10-5 - Disclosure of act; notification of address change.

A. Effective July 1, 1989, any museum accepting a loan of property shall notify the lender, if known, in writing at the time of the loan of the provisions of the Abandoned Cultural Properties Act.
B. Within one year of the passage of this act, any museum holding property on loan shall notify the lender, if known, in writing, of the provisions of this act.
C. It is the responsibility of the lender to notify the museum in writing of any changes of address or of a change in the ownership of the property. It is the responsibility of the museum to notify the lender, in writing, of any change of address of the museum.
History:
Laws 1989, ch. 211, § 5.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 11 - Farm and Ranch Heritage Museum › Section 18-11-1 - Short title.

Chapter 18, Article 11 NMSA 1978 may be cited as the "Farm and Ranch Heritage Museum Act".
History:
Laws 1991, ch. 48, § 1; 2004, ch. 25, § 40.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, designated Chapter 18, Article 11 as the Farm and Ranch Heritage Museum Act.
2023 New Mexico Statutes › Chapter 18 - Libraries, Museums and Cultural Properties › Article 11 - Farm and Ranch Heritage Museum › Section 18-11-2 - Declaration and purpose of act.

The legislature declares that the farming and ranching industry of the state has produced a unique common heritage of which all persons should receive knowledge and benefit. The purpose of the Farm and Ranch Heritage Museum Act is to create a farm and ranch heritage museum, which shall collect, preserve, study and display materials representative of the farming and ranching of the state and region and develop and maintain exhibits and programs of an educational nature for the benefit of the citizens of New Mexico and visitors to the state.
History:
Laws 1991, ch. 48, § 2; 2004, ch. 25, § 41.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, deleted "division of the office of cultural affairs" from the name of the museum.