Chapter 18 — Chapter 18

History: 1953 Comp., § 4-12-35, enacted by Laws 1978, ch. 164, § 3; 1980, ch. 151, § 26; 2004, ch. 25, § 53.

History: 1953 Comp., § 4-12-36, enacted by Laws 1978, ch. 164, § 4; 1980, ch. 151, § 27; 2004, ch. 25, § 53.

ANNOTATIONS Repeals. — Laws 1978, ch. 164, § 5 repealed former 4-12-36 and 4-12-37, 1953 Comp., effective March 31, 1978.

ANNOTATIONS Repeals. — Laws 1978, ch. 164, § 5 repealed former 4-12-36 and 4-12-37, 1953 Comp., effective March 31, 1978.

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.

History: Laws 2005, ch. 277, § 1; 1978 Comp., § 18-3-9 recompiled and amended as § 9-4A-22 by Laws 2015, ch. 19, § 1.

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.

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…

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 cultu…

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…

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.…

The public members of the board shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. Private members shall serve without per diem or other compensation. Histor…

The board shall: A. exercise trusteeship over the collections of the museum; B. accept and hold title to all property for museum use; C. acquire objects of natural history and science of interest to the public and real property for museum use or benefit by purchase, donation or b…

A. Subject to the authority of the state cultural affairs officer or his successor, the administrative and executive officer of the division and the museum is the "director" of the division. B. The director shall be appointed by the state cultural affairs officer or his successor…

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; …

The board, the state cultural affairs officer and the director shall establish and implement a policy to permit New Mexico residents age sixty years and above to enter all publicly accessible exhibit and program areas, except special exhibits and programs where commissions or roy…

History: 1941 Comp., § 3-923, enacted by Laws 1949, ch. 138, § 1; 1953 Comp., § 4- 12-23; 2004, ch. 25, § 53.

History: 1941 Comp., § 3-924, enacted by Laws 1949, ch. 138, § 2; 1953 Comp., § 4- 12-24; 2004, ch. 25, § 53.

History: 1941 Comp., § 3-925, enacted by Laws 1949, ch. 138, § 3; 1953 Comp., § 4- 12-25; 2004, ch. 25, § 53.

History: 1941 Comp., § 3-926, enacted by Laws 1949, ch. 138, § 4; 1953 Comp., § 4- 12-26; 2004, ch. 25, § 53.

History: 1953 Comp., § 4-12-26.1, enacted by Laws 1977, ch. 246, § 22; 2004, ch. 25, § 53.

division; powers and duties. The state historic sites and monuments division of the cultural affairs department shall be entrusted with the protection and preservation of the old Lincoln county courthouse. The historic sites division shall: A. maintain and operate the historic si…

The legislature finds and declares: A. that many people in this state lack the opportunity to view, enjoy or participate in living theatrical performances, musical concerts, operas, dance and ballet recitals, art exhibits, examples of fine architecture and the performing and visu…

As used in Chapter 18, Article 5 NMSA 1978: A. "commission" means the New Mexico arts commission; B. "creative arts" means the act of writing, composing or designating and executing literature, including poetry; drama; music, including opera and choral works; ballet and dance; pa…

A. There is created the "New Mexico arts commission." B. The commission is composed of fifteen members, appointed by the governor. Members shall be broadly representative of all fields of the creative and interpretative arts. C. Members of the commission shall be residents of thi…

A. Annually, at the November meeting, the commission as a whole shall organize by the nomination, election and installation of a vice chairman and a secretary of the commission. The chairman of the commission, to be appointed by the governor, will take office at this time. B. The…

A. The commission will be advisory to the director of the arts division, to the state cultural affairs officer and to state government in general where not in conflict with other statutory agencies. The governor will receive general counsel on the arts from the commission and fro…

A. The "arts division" is created within the cultural affairs department. B. Subject to the authority of the secretary of cultural affairs, the administrative and executive head of the arts division is the "director" of the arts division. The director shall be hired by the secret…

The powers and duties of the arts division of the office of cultural affairs shall be: A. to advise and assist public agencies in planning civic beautification; B. to foster appreciation for the fine arts; C. to make this state more appealing to the world; D. to encourage the cre…

Sections 18-6-1 through 18-6-17 NMSA 1978 may be cited as the "Cultural Properties Act". History: 1953 Comp., § 4-27-4, enacted by Laws 1969, ch. 223, § 1; 1977, ch. 246, § 34; 2004, ch. 25, § 27.

A. It is the declared intent of the legislature that field archeology on privately owned lands should be discouraged except in accordance with the provisions and spirit of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]; and persons having knowledge of the location of a…

penalty. A. It is unlawful for a person or the person's agent or employee to excavate with the use of mechanical earthmoving equipment an archaeological site for the purpose of collecting or removing objects of antiquity if the archaeological site is located on private land in th…

A. Any information in the custody of a public official concerning the location of archaeological resources, the preservation of which is in the interest of the state of New Mexico, shall remain confidential unless the custodian of such information determines that the disseminatio…

penalty. A. Each human burial in the state interred in any unmarked burial ground is accorded the protection of law and shall receive appropriate and respectful treatment and disposition. B. A person who knowingly, willfully and intentionally excavates, removes, disturbs or destr…

A cultural property which the committee thinks may be worthy of preservation may be included on the official register on a temporary basis for not more than one year, during which time the committee shall investigate the property and make a determination as to whether it may be p…

ANNOTATIONS Repeals. — Laws 1984, ch. 34, § 4 repealed 18-6-13 NMSA 1978, as enacted by Laws 1969, ch. 223, § 11, relating to tax exemption of cultural properties from certain property taxes, effective February 16, 1984. For present provisions relating to tax credits for preserva…

The state historian at the state records center is designated as "state historian" for purposes of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]. History: 1953 Comp., § 4-27-15, enacted by Laws 1969, ch. 223, § 12; 1981, ch. 48, § 1.

The state archaeologist in the cultural affairs department is designated as "state archaeologist" for the purposes of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]. The state archaeologist shall be professionally recognized in the discipline of archaeology, shall have…

revolving fund; report. The historic preservation division shall encourage and promote publications relating to cultural properties that have been prepared pursuant to the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]. The historic preservation division may prepare or con…

historic site care and management. The governor is authorized, upon the recommendation of the committee and the board of regents of the museum of New Mexico, to declare by public proclamation that any cultural property situated on lands owned or controlled by the state shall be a…

This act [18-6-18 to 18-6-23 NMSA 1978] may be cited as the "Historic Preservation Loan Act". History: Laws 1987, ch. 7, § 1.

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 cul…

The legislature hereby declares that the historical and cultural heritage of the state is one of the state's most valued and important assets; that the public has an interest in the preservation of all antiquities, historic and prehistoric ruins, sites, structures, objects and si…

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 f…

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 1…

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,…

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 mainta…

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.

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 inclu…

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.