46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO MUSEUMS; ENACTING THE NEW MEXICO FILM MUSEUM ACT; ESTABLISHING A NEW MEXICO FILM MUSEUM IN SANTA FE; CREATING A BOARD; PROVIDING POWERS AND DUTIES FOR THE BOARD; MAKING AN APPROPRIATION.

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

Section 1. SHORT TITLE.--This act may be cited as the "New Mexico Film Museum Act".

Section 2. DEFINITIONS.--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.

Section 3. MUSEUM--LOCATION--PROPERTY.--

A. The "New Mexico film museum" is created within the museum division of the office of cultural affairs. The museum shall be located in the Halpin state archives building in Santa Fe.

B. The New Mexico film division of the economic development department shall also be located in the Halpin state archives building in Santa Fe.

C. 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.

D. Funds or other property received as a gift, endowment or legacy shall remain under the control of the board and shall, upon acceptance, be used for the operation of the museum.

Section 4. BOARD--APPOINTMENT--TERMS--OFFICERS.--

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 geographic distribution of the members' places of residence, provided that:

(1) one of the members shall be the secretary of tourism or his designee;

(2) one of the members shall be the director of the New Mexico film division of the economic development department or his designee;

(3) two members shall be film actors;

(4) two members shall be screenwriters; and

(5) two members shall be film technicians. C. The board members shall be appointed for terms of four years or less so that all terms are coterminous with the current term of the governor who appointed them. The board members shall serve at the pleasure of the governor.

D. The director of the museum division of the office of cultural affairs shall be an ex-officio nonvoting member of the board.

E. 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 shall be elected annually by the board at its first scheduled meeting after July 1 of each year.

Section 5. BOARD--COMPENSATION.--The members of the board shall receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

Section 6. BOARD--POWERS AND DUTIES.--The board shall:

A. exercise trusteeship over the collections of the museum;

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

C. enter into agreements or contracts with private or public organizations, agencies or individuals for the purpose of obtaining real or personal property for museum use;

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

E. establish a New Mexico film museum foundation, incorporated, for the purpose of raising funds for the development of the museum, its collections and its programs; and

F. adopt rules as may be necessary to carry out the provisions of the New Mexico Film Museum Act.

Section 7. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the office of cultural affairs for expenditure in fiscal year 2004 for the purpose of establishing the New Mexico film museum. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.