SENATE BILL 276

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO CULTURAL AFFAIRS; CHANGING THE NAME OF THE MUSEUM OF FINE ART DIVISION AND THE MUSEUM SERVICES DIVISION OF THE CULTURAL AFFAIRS DEPARTMENT; PROVIDING FOR THE TRANSFER OF FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.

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] resources division; and

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

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

                (2) the New Mexico 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. Section 9-4A-12 NMSA 1978 (being Laws 2004, Chapter 25, Section 12) is amended to read:

     "9-4A-12. MUSEUM [SERVICES] RESOURCES DIVISION.--The "museum [services] resources division" is created within the [cultural affairs] department. The museum [services] resources division shall provide support in exhibitions, statewide education services, publishing and other services requested by the museums or the secretary."

     Section 4. Section 9-4A-13 NMSA 1978 (being Laws 2004, Chapter 25, Section 13) is amended to read:

     "9-4A-13. NEW MEXICO MUSEUM OF [FINE] ART DIVISION CREATED--LOCATION--BOARD OF REGENTS.--

          A. The "New Mexico museum of [fine] art division" is created in the [cultural affairs] department. The New Mexico museum of [fine] art located in Santa Fe shall be operated as a division of the [cultural affairs] department under the imprimatur of the museum of New Mexico. The museum of New Mexico board of regents shall exercise trusteeship over the New Mexico museum of [fine] art.

          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.

          C. The director shall be appointed by the secretary [of cultural affairs] from a list of no less than three names provided by the museum of New Mexico board of regents."

     Section 5. Section 18-3-1 NMSA 1978 (being Laws 1975, Chapter 264, Section 1, as amended) is amended to read:

     "18-3-1. MUSEUM OF NEW MEXICO ESTABLISHED--LOCATION--PROPERTY.--

          A. The "museum of New Mexico" is established. All properties, real or personal, now held for museum purposes and all properties, real or personal, [which] that may be acquired for museum purposes at any time in the future shall be under

the control of the museum board of regents of the museum of New Mexico.

          B. The museum of New Mexico consists of:

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

                (2) the New Mexico museum of [fine] art;

                (3) the museum of Indian arts and culture;

                (4) the museum of international folk art;

                (5) archaeological services; and

                (6) the state monuments:

                     (a) Coronado state monument;

                     (b) Jemez state monument;

                     (c) Fort Selden state monument;

                     (d) Fort Sumner state monument;

                     (e) Lincoln state monument;

                     (f) El Camino Real international heritage center; and

                     (g) the Taylor Reynolds Barela Mesilla state monument."

     Section 6. TEMPORARY PROVISION--TRANSFERS.--On the effective date of this act:

          A. all functions, personnel, money, appropriations, records, files, furniture, equipment and other property of the museum of fine art or the museum of fine art division of the cultural affairs department shall be transferred to the New Mexico museum of art or the New Mexico museum of art division of that department, respectively;

          B. all functions, personnel, money, appropriations, records, files, furniture, equipment and other property of the museum services division of the cultural affairs department shall be transferred to the museum resources division of that department;

          C. all contractual obligations of the museum of fine art or museum of fine art division of the cultural affairs department shall be binding on the New Mexico museum of art or the New Mexico museum of art division of that department, respectively;

          D. all contractual obligations of the museum services division of the cultural affairs department shall be binding on the museum resources division of that department;

          E. all statutory references to the museum of fine art or museum of fine art division of the cultural affairs department shall be deemed to be references to the New Mexico museum of art or the New Mexico museum of art division of that department, respectively; and

          F. all statutory references to the museum services division of the cultural affairs department shall be deemed to be references to the museum resources division of that department.

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