Chapter 18 — Chapter 18

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 …

As used in the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]: A. "committee" means the cultural properties review committee; B. "cultural property" means a structure, place, site or object having historic, archaeological, scientific, architectural or other cultural signif…

term; chairman; meetings. A. The "cultural properties review committee" is created, which consists of nine members as follows: (1) the state historian at the state archives and record center; (2) one person professionally recognized in the discipline of architectural history; (3)…

The primary function of the committee is to review proposals for the preservation of cultural properties. The committee is authorized to take such actions as are reasonable and consistent with law to identify cultural properties and to advise on the protection and preservation of…

the cultural properties act. A. The cultural affairs department is responsible for administering, developing and maintaining all registered cultural properties in its ownership or custody. B. Unless other locations are deemed more appropriate by the committee, in consultation wit…

administration and cooperation for purposes of the cultural properties act. A. The state historic preservation officer of the historic preservation division of the cultural affairs department shall, with the concurrence of the committee, prepare a long- range plan for the preserv…

qualifications; duties. A. The "historic preservation division" is created within the cultural affairs department. B. The state historic preservation officer shall be the director of the division and shall be hired by the secretary of cultural affairs with the consent of the gove…

The historic preservation division of the office of cultural affairs shall periodically furnish copies of the official register, or relevant sections of the official register, to state agencies and departments and shall periodically advise state agencies and departments of the st…

destruction; criminal damage to property. A. Any person who knowingly excavates, injures or destroys cultural property located on state land without a permit is guilty of criminal damage to property. B. Any person who solicits, employs or counsels another person to excavate, inju…

A. Any person who knowingly appropriates cultural property located on state land without a permit is guilty of larceny. B. Any person who solicits, employs or counsels another person to appropriate cultural property located on state land without a permit is guilty of larceny. C. …

civil penalties. Any person violating the provisions of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978] shall be liable for civil damages to the state agency, department, institution or political subdivision having jurisdiction over the cultural property in an amount eq…

Any instrument, vehicle, tool or equipment used or intended to be used to violate the provisions of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978] is subject to forfeiture, and the provisions of the Forfeiture Act [31-27-1 to 31-27-8 NMSA 1978] apply to the seizure, fo…

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.

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. "divisio…

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…

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 …

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 …

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. ARTICLE 7 Museum of Space History

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 Law…

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 releva…

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 muse…

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 th…

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 q…

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 …

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.

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.

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…

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 devel…

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 p…

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.

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 u…

The state historic preservation officer shall issue regulations for the implementation of the New Mexico Prehistoric and Historic Sites Preservation Act. History: Laws 1989, ch. 13, § 8. ARTICLE 9 Library Privacy

This act [18-9-1 to 18-9-6 NMSA 1978] may be cited as the "Library Privacy Act". History: Laws 1989, ch. 151, § 1.

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 t…

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 re…

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 rig…

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 …

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. ARTICLE 10 Abando…

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.

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" mea…

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 …

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 informa…

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 …

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.

The board shall establish a policy to allow New Mexico residents age sixty years and over to enter all publicly accessible exhibit and program areas, except special exhibits and programs for which commissions or royalties are paid by contract, free of charge every Wednesday that …

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…

As used in the Farm and Ranch Heritage Museum Act: A. "board" means the board of the farm and ranch heritage museum; B. "director" means the director of the division; C. "division" means the farm and ranch heritage museum division of the cultural affairs department; D. "farm and …

A. The "farm and ranch heritage museum division" is created within the cultural affairs department. B. The "farm and ranch heritage museum" shall be located on the campus of New Mexico state university in Dona Ana county. C. All property, real or personal, now held or subsequentl…

A. The "board of the farm and ranch heritage museum" is created. B. The board shall consist of one nonvoting member and eleven voting members who are residents of New Mexico, as follows: (1) nine members shall be appointed by the governor with the advice and consent of the senate…

The appointed members of the board shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. History: Laws 1991, ch. 48, § 6.