Chapter 18, Chapter 18

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.

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.

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.

The board shall: A. establish museum policy and determine the mission and direct the development of the museum subject to the approval of the secretary of cultural affairs; B. exercise trusteeship over the collections of the museum; C. accept and hold title to all property for mu…

A. Subject to the authority of the state cultural affairs officer, the executive officer of the division and museum shall be the "director" of the division and museum. B. The director shall be appointed by the state cultural affairs officer with the approval of the governor from …

Consistent with the policies agreed to by the board and the secretary of cultural affairs, the director: A. may: (1) solicit and receive funds or property, including federal funds and public and private grants, for the development of the museum, its collections and its programs; …

Chapter 18, Article 12 NMSA 1978 may be cited as the "National Hispanic Cultural Center Act". History: Laws 1993, ch. 42, § 1; 1999, ch. 56, § 1; 2003, ch. 403, § 3.

As used in the National Hispanic Cultural Center Act: A. "board" means the board of directors of the center; B. "center" means the national Hispanic cultural center; C. "division" means the Hispanic cultural division of the cultural affairs department; and D. "director" means the…

A. The "Hispanic cultural division" is created within the cultural affairs department. The principal facility of this division shall be known as the "national Hispanic cultural center". B. All property, real or personal, now held or subsequently acquired for the operation of the …

A. The "board of directors of the national Hispanic cultural center" is created. The board shall consist of fifteen residents of New Mexico. Thirteen public members shall be appointed by the governor with the advice and consent of the senate. Two of the appointees shall be employ…

A. The board shall: (1) exercise trusteeship over the collections of the center; (2) accept and hold title to all property for the center's use; (3) review annually the performance of the director and report its findings to the secretary of cultural affairs; (4) acquire objects r…

A. The executive director of the Hispanic cultural division shall be appointed by the state cultural affairs officer or his successor, with the approval of the governor, from a list of qualified finalists provided by the board of directors. B. Subject to the authority of the stat…

Consistent with the policies of the secretary of cultural affairs and the board, the director: A. may: (1) solicit and receive funds or property, including federal funds and public and private grants, for the development of the center, its collections and its programs; (2) as aut…

The 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 1993, ch. 42, § 8.

The board, the secretary of cultural affairs and the director shall establish and implement a policy to permit New Mexico residents age sixty years and above to enter all publicly accessible visual arts exhibit areas, except special exhibits where commission or royalties are paid…

This act [18-13-1 to 18-13-7 NMSA 1978] may be cited as the "Historic Landscape Act". History: Laws 2003, ch. 234, § 1.

As used in the Historic Landscape Act: A. "board" means the board of trustees of the historic landscape trust; B. "historic landscape" means a historic manmade or cultural landscape: (1) that is limited in scope; (2) generally comprising a plaza, square, park, garden, terrace, st…

The "historic landscape trust" is created. It is a public nonprofit corporation and shall be organized pursuant to the Nonprofit Corporation Act. History: Laws 2003, ch. 234, § 3.

A. The trust shall be governed by the board. The members of the initial board shall be: (1) two individuals who are New Mexico licensed landscape architects; (2) an attorney licensed to practice law in the state; (3) a New Mexico certified public accountant; (4) three New Mexico …

The initial board shall prepare and file articles of incorporation and bylaws. The articles shall state as the purposes of the trust: A. the preservation of significant historic landscapes in the state; B. the identification of sites in the state deserving of inclusion in the his…

The bylaws of the trust shall provide for the employment of an executive director and shall specify his duties. History: Laws 2003, ch. 234, § 6.

The initial board shall seek private and public funding for the trust and is authorized to accept gifts and grants of both private and public funds. The "historic landscape trust fund" is created in the state treasury. All funds accepted by the initial board shall be deposited in…

Chapter 18, Article 14 NMSA 1978 may be cited as the "New Mexico Film Museum Act". History: Laws 2003, ch. 250, § 1; 2006, ch. 47, § 1.

As used in the New Mexico Film Museum Act: A. "board" means the board of trustees of the museum; and B. "museum" means the New Mexico film museum. History: Laws 2003, ch. 250, § 2.

A. The "New Mexico film museum" is created within the cultural affairs department. The museum shall be located in Santa Fe. B. All real or personal property held or subsequently acquired for the operation of the museum shall be under the control and authority of the board. C. Fun…

A. The board of trustees of the museum is created. B. The board shall consist of eleven members who are residents of New Mexico, appointed by the governor with the advice and consent of the senate. In making the appointments, the governor shall give due consideration to the geogr…

The 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 2003, ch. 250, § 5.