SB 349

Page 1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

AN ACT

RELATING TO MUSEUMS; ENACTING THE VETERANS MUSEUM ACT;

CREATING THE VETERANS MUSEUM DIVISION WITHIN THE CULTURAL

AFFAIRS DEPARTMENT; PROVIDING POWERS AND DUTIES.

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

Section 1. SHORT TITLE.--This act may be cited as the

"Veterans Museum Act".

Section 2. DEFINITIONS.--As used in the Veterans Museum

Act:

A. "board" means the board of directors of the

museum;

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

C. "division" means the veterans museum division

of the cultural affairs department;

D. "museum" means the New Mexico veterans museum;

and

E. "secretary" means the secretary of cultural

affairs.

Section 3. VETERANS MUSEUM DIVISION CREATED--LOCATION--

PROPERTY.--

A. The "veterans museum division" is created

within the cultural affairs department. The principal

facility of this division is the "New Mexico veterans museum"

located in Dona Ana county. The site shall be held in the

SB 349

Page 2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

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 4. BOARD OF DIRECTORS CREATED--APPOINTMENTS--

TERMS--OFFICERS.--

A. The "board of directors of the New Mexico

veterans museum" is created. The board shall consist of the

following thirteen voting members:

(1) the adjutant general or the adjutant

general's designee;

(2) the secretary of cultural affairs or the

secretary's designee;

(3) the secretary of veterans' services or

the secretary's designee; and

(4) ten 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 appoint three members from each congressional district

and give due consideration to the ethnic and geographic

diversity of the state. No more than five of the ten

SB 349

Page 3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

appointed members shall be from the same political party. At

least five of the members shall be veterans appointed to

represent each of the following entities of the armed forces:

(a) the New Mexico national guard;

(b) the United States army;

(c) the United States navy;

(d) the United States air force; and

(e) the United States marine corps.

B. Of the initial appointees, four members shall

be appointed for four-year terms, three members shall be

appointed for three-year terms and three members shall be

appointed for two-year terms. All subsequent members shall

be appointed for four-year terms.

C. A majority of the board members currently

serving shall constitute a quorum at any meeting or hearing.

D. Any appointed member failing to attend three

consecutive meetings after receiving proper notice shall be

recommended for removal by the governor. The governor may

also remove any member of the board for neglect of any duty

required by law, for incompetency, for unprofessional conduct

or for violating any provisions of the Veterans Museum Act.

If a vacancy occurs on the board, the governor shall appoint

another member to complete the unexpired term.

E. The director shall be an ex-officio nonvoting

member of the board.

SB 349

Page 4

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

F. The governor shall designate the president of

the board, who shall serve in that capacity at the pleasure

of the governor.

Section 5. BOARD--POWERS--DUTIES.--The board shall:

A. exercise trusteeship over the collections of

the museum;

B. accept and hold title to all property for the

museum's use;

C. review annually the performance of the director

and report its findings to the secretary;

D. enter into agreements or contracts with private

or public organizations, agencies or individuals for the

purpose of obtaining real or personal property for the

museum's 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 the Veterans Museum Act; and

G. establish policy, determine the mission and

direct the development of the museum.

Section 6. DIRECTOR--APPOINTMENT--QUALIFICATIONS.--

A. Subject to the authority of the secretary, the

administrative and executive officer of the division and the

museum is the "director" of the division.

SB 349

Page 5

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

B. The secretary shall appoint the director with

the approval of the governor from a list of qualified

finalists provided by the board of directors.

C. The position of director shall require previous

experience in an administrative capacity in a museum of

related character.

Section 7. DIRECTOR--POWERS--DUTIES.--Subject to the

policies agreed to by the board, the director:

A. shall be responsible for the operation of the

museum in accordance with all appropriate statutes and rules;

B. shall develop exhibits and programs displaying

New Mexico veterans history for the benefit of the public and

with particular concern for the interests of the schools of

the state;

C. shall acquire by donation or other means of

acquisition any collections and related materials appropriate

to a veterans museum and shall direct research as is

appropriate to render the collections of benefit to the

public;

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;

F. may enter into contracts with public or private

SB 349

Page 6

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

organizations, individuals or agencies for the performance of

services related to the location, preservation, development,

study or salvage of historical New Mexico veterans materials;

G. shall cooperate with institutions of higher

education and other agencies and political subdivisions of

municipal, state and federal governments to establish,

maintain and extend the programs of the museum;

H. may, as authorized by the board, lend

collection materials to qualified institutions and agencies

for purposes of exhibition and study and borrow collection

materials from other institutions and agencies for the same

purpose;

I. shall impose and collect admission fees and

conduct retail sales as are normal for the operation of the

museum;

J. may publish journals, books, reports and other

materials as are appropriate to the operation of the museum;

and

K. shall perform other appropriate duties as may

be delegated by the governor, the secretary or the board or

as may be provided by law.

Section 8. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2008.