45th legislature - STATE OF NEW MEXICO - first session, 2001

REQUESTING THE MUSEUM OF NEW MEXICO AND ITS BOARD OF REGENTS TO CONSIDER ADDITIONAL ORGANIZATIONS WHEN ENTERING INTO LICENSE AGREEMENTS IN THE FUTURE.

WHEREAS, the purpose of the Cultural Properties Act is "to provide for the preservation, protection and enhancement of structures, sites and objects of historical significance within the state", Section 18-6-2 NMSA 1978; and

WHEREAS, state law designates the museum of New Mexico as the repository for "all properties, real or personal, now held for museum purposes and all properties, real or personal, which may be acquired for museum purposes at any time in the future" and places those properties "under the control of the museum division of the office of cultural affairs", Section 18-3-1 NMSA 1978; and

WHEREAS, the board of regents of the museum of New Mexico is designated by law as the trustee of the collections of the museum, Section 18-3-3 NMSA 1978; and

WHEREAS, within the collections of the museum are a substantial number of excellent examples of Spanish colonial furniture; and

WHEREAS, the design and construction of Spanish colonial furniture date from the time of Onate's arrival in 1598 and continue to this day because the original designs, the process of construction and the finishing techniques have customarily been passed from one generation to the next; today, many New Mexico families depend on the making and selling of their furniture and other crafts for financial survival; and

WHEREAS, the museum of New Mexico and its board of regents have entered into a licensing agreement with the museum of New Mexico foundation, incorporated, a private nonprofit organization, and that foundation has in turn sub-licensed reproduction of museum pieces to a commercial manufacturer of furniture located outside of the state, thereby creating and promoting substantial competition with New Mexico traditional furniture makers; and

WHEREAS, the circumstances described raise questions about whether the museum and its board of regents are acting fairly in fulfilling their respective statutory duties and trusteeship of the museum's collection;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the museum of New Mexico and its board of regents consider additional organizations when entering into license agreements in the future; and

BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the governor.