HOUSE BILL 198

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

W. C. "Dub" Williams

AN ACT

RELATING TO CULTURAL AFFAIRS; CREATING THE MUSEUM OF THE AMERICAN WEST DIVISION OF THE CULTURAL AFFAIRS DEPARTMENT, WHOSE PRINCIPAL PROPERTY IS THE HUBBARD MUSEUM OF THE AMERICAN WEST; CREATING A BOARD; PROVIDING POWERS AND DUTIES; AMENDING, ENACTING AND RECOMPILING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 9-4A-1 NMSA 1978 (being Laws 2004, Chapter 25, Section 1) is amended to read:

     "9-4A-1. SHORT TITLE.--[Sections 1 through 10 of this act] Chapter 9, Article 4A NMSA 1978 may be cited as the "Cultural Affairs Department Act"."

     Section 2. Section 9-4A-4 NMSA 1978 (being Laws 2004, Chapter 25, Section 4) is amended to read:

     "9-4A-4. DEPARTMENT CREATED.--The "cultural affairs department" is created in the executive branch. The department is a cabinet department and includes the following divisions:

          A. the administrative services division;

          B. the arts division;

          C. the historic preservation division;

          D. the library division;

          E. the Hispanic cultural division;

          F. the farm and ranch heritage museum division;

          G. the natural history and science museum division;

          H. the museum of space history division;

          I. the museum services division; [and]

          J. the museum of the American west; and

          [J.] K. the following divisions that make up the museum of New Mexico:

                (1) the palace of the governors state history museum division;

                (2) the museum of fine art division;

                (3) the museum of Indian arts and culture division;

                (4) the museum of international folk art division;

                (5) the archaeological services division; and

                (6) the state monuments division."

     Section 3. A new section of Chapter 18 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--Sections 3 through 11 of this act may be cited as the "Museum of the American West Act"."

     Section 4. A new section of Chapter 18 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PURPOSE OF ACT.--The legislature declares that the art and history of the American west constitute a common heritage about which all persons should receive knowledge and benefit. The purpose of the Museum of the American West Act is to create a state museum to collect, preserve, study and interpret materials representative of the American west and develop and maintain educational exhibits and programs on the American west for the benefit of the citizens of New Mexico and visitors to the state."

     Section 5. A new section of Chapter 18 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Museum of the American West Act:

          A. "board" means the board of trustees of the Hubbard museum of the American west;

          B. "director" means the director of the division;

          C. "division" means the museum of the American west division of the cultural affairs department; and

          D. "museum" means the Hubbard museum of the American west."

     Section 6. A new section of Chapter 18 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] MUSEUM DIVISION CREATED--MUSEUM LOCATION--PROPERTY.--

          A. The "museum of the American west division" is created within the cultural affairs department. The principal facility of this division is the "Hubbard museum of the American west" located in Ruidoso Downs. The site shall be held in the name of the state.

          B. All property, real or personal, now held or subsequently acquired for the operation of the museum shall be under the control and authority of the board.

          C. Funds or other property received by gift, endowment or legacy shall remain under the control of the board and shall, upon acceptance, be employed for the purpose specified."

     Section 7. A new section of Chapter 18 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] BOARD OF TRUSTEES CREATED--APPOINTMENT--TERMS--OFFICERS.--

          A. The "board of trustees of the Hubbard museum of the American west" is created. The board shall consist of nine 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 geographic distribution of members and to individual interest and background in fields related to the history, art and artifacts of the American west. The members shall serve at the pleasure of the governor. Vacancies shall be filled for the remainder of the unexpired term.

          B. The president of the board shall be designated by the governor and shall serve in that capacity at the pleasure of the governor. Other officers as deemed necessary by the board shall be elected by the board annually at its first scheduled meeting after July 1.

          C. Members are entitled to per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

     Section 8. A new section of Chapter 18 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] BOARD POWERS AND DUTIES.--The board shall:

          A. exercise trusteeship over the collections of the museum;

          B. accept and hold title to all property for museum use;

          C. review annually the performance of the director and report its findings to the secretary of cultural affairs;

          D. enter into agreements or contracts with private or public organizations, agencies or individuals to obtain real or personal property for museum use;

          E. authorize the director to solicit and receive funds or property of any nature for the development of the museum, its collections and its programs;

          F. adopt such rules as may be necessary to carry out the provisions of this section; and

          G. establish museum policy and determine the mission and direct the development of the institution."

     Section 9. A new section of Chapter 18 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DIRECTOR--APPOINTMENT--QUALIFICATIONS.--

          A. The director shall be appointed by the secretary of cultural affairs from a list of no less than three names provided by the board.

          B. The director of the division shall meet the following minimum qualifications:

                (1) hold a bachelor's or higher degree in a discipline related to the function of the division; and

                (2) have significant experience in the management and operation of an organization similar to the division."

     Section 10. A new section of Chapter 18 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DIRECTOR--POWERS AND DUTIES.--The director:

          A. shall be responsible for the administration of the division and for the operation of the museum in accordance with policies of the board;

          B. shall develop exhibits and programs of an educational nature for the benefit of the public and with particular concern for the interests of the schools of the state;

          C. shall, as authorized by the board, acquire by donation or other means of acquisition collections and related materials appropriate to the museum's mission;

          D. shall employ such professional staff and other employees as are necessary to the operation of the museum in accordance with the provisions of the Personnel Act;

          E. may solicit and receive funds or property of any nature for the development of the museum, its collections and its programs;

          F. shall cooperate with institutions of higher learning and other agencies and political subdivisions of municipal, state and federal governments to establish, maintain and extend the programs of the museum;

          G. may, as authorized by the board, lend collections materials to qualified institutions and agencies for purposes of exhibition and study and borrow collections materials from other institutions and agencies for like purpose;

          H. shall impose and collect admission fees determined by the board and conduct such retail sales as are normal for the operation of a museum;

           I. may publish such journals, books, reports and other materials as are appropriate to the operation of the museum; and

          J. shall perform other duties as provided by law or requested by the secretary of cultural affairs."

     Section 11. A new section of Chapter 18 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] MUSEUM ADMISSION POLICY.--The board 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 royalties are paid by contract, free of charge every Wednesday that is not a holiday that the museum is open."

     Section 12. TEMPORARY PROVISION--RECOMPILATION.--Sections 9-4A-13 through 9-4A-18 NMSA 1978 (being Laws 2004, Chapter 25, Sections 13 through 18) are recompiled in Chapter 18, Article 3 NMSA 1978.

     Section 13. APPROPRIATION.--Eight hundred thousand dollars ($800,000) is appropriated from the general fund to the cultural affairs department for expenditure in fiscal year 2006 to carry out the purposes of the Museum of the American West Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall revert to the general fund.

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