SENATE BILL 20
49th legislature - STATE OF NEW MEXICO - second session, 2010
INTRODUCED BY
Timothy M. Keller
AN ACT
RELATING TO CULTURAL AFFAIRS; CHANGING THE NEW MEXICO ARTS COMMISSION TO A POLICYMAKING COMMISSION; REQUIRING SENATE CONFIRMATION; GIVING THE COMMISSION AUTHORITY OVER THE ART IN PUBLIC PLACES ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 13-4A-1 NMSA 1978 (being Laws 1986, Chapter 11, Section 1) is amended to read:
"13-4A-1. SHORT TITLE.--[This act] Chapter 13, Article 4A NMSA 1978 may be cited as the "Art in Public Places Act"."
Section 2. Section 13-4A-3 NMSA 1978 (being Laws 1986, Chapter 11, Section 3, as amended) is amended to read:
"13-4A-3. DEFINITIONS.--As used in the Art in Public Places Act:
A. "agency" means all state departments and agencies, boards, councils, institutions, commissions and quasi-public corporations, including all state educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico and all statutorily created post-secondary educational institutions;
B. "architect" means the person or firm designing the project for the contracting agency to which the one percent provision pursuant to Section 13-4A-4 NMSA 1978 applies;
C. "commission" means the New Mexico arts commission;
[C.] D. "contracting agency" means the agency having the control, management and power to enter into contracts for new construction or renovation of [any] a public building;
[D.] E. "division" means the arts division of the [office of] cultural affairs department;
[E.] F. "public buildings" means those buildings under the control and management of the property control division of the general services department, the department of game and fish, the energy, minerals and natural resources department, the [state highway and] department of transportation [department], the state fair commission, the supreme court, the commissioner of public lands, the [office of] cultural affairs department, the governing boards of the state educational institutions and statutorily created post-secondary educational institutions, the [state department of] public education department and the legislature or all buildings constructed with funds appropriated by the legislature. For the purposes of the Art in Public Places Act, "public buildings" does not include such auxiliary buildings as maintenance plants, correctional facilities, warehouses or temporary structures; and
[F.] G. "work of art" means any work of visual art, including but not limited to a drawing, painting, mural, fresco, sculpture, mosaic or photograph; a work of calligraphy; a work of graphic art, including an etching, lithograph, offset print, silk screen or a work of graphic art of like nature; works in clay, textile, fiber, wood, metal, plastic, glass and like materials; or mixed media, including a collage or assemblage or any combination of the foregoing art media [which] that is chosen to be included in or immediately adjoining the public building under consideration. Under special circumstances, the term may include environmental landscaping if approved by the [division] commission."
Section 3. Section 13-4A-4 NMSA 1978 (being Laws 1986, Chapter 11, Section 4) is amended to read:
"13-4A-4. ALLOCATION OF CONSTRUCTION COSTS.--
A. All agencies shall allocate as a nondeductible item an amount of money equal to one percent or two hundred thousand dollars ($200,000), whichever is less, of the amount of money appropriated for new construction, or any major renovation exceeding one hundred thousand dollars ($l00,000), to be expended for the acquisition and installation of works of art for the new public building to be constructed or the public building in which the major renovation is to occur.
B. An amount of money equal to one percent or two hundred thousand dollars ($200,000), whichever is less, allocated from appropriations for new construction or major renovations of excluded structures pursuant to Subsection [E] F of Section [3 of the Art in Public Places Act] 13-4A-3 NMSA 1978 shall be accounted for separately and expended for acquisition and installation of art for existing public buildings. The [division] commission shall determine the amount, not to exceed fifty thousand dollars ($50,000), to be made available for the purchase of art in existing public buildings in consultation with the [contracting agency] agencies that have control over the existing public buildings. The selection process for art for existing public buildings shall follow guidelines established by the [division] commission pursuant to the Art in Public Places Act."
Section 4. Section 13-4A-7 NMSA 1978 (being Laws 1986, Chapter 11, Section 7) is amended to read:
"13-4A-7. ADMINISTRATION OF THE PROGRAM.--The [division] commission shall determine the amount to be made available for the purchase of art, in consultation with the contracting agency responsible for the public building to be constructed or renovated, and payments [thereof] shall be made in accordance with law. All agencies shall notify the division in writing upon legislative approval of construction budgets. One percent of the total appropriation for new construction or renovation of any public building shall be deposited into the art in public places fund after the issuance of the appropriate bonds. If the entire one percent of the total funds appropriated for a particular public building is not required for the project, the remainder shall accumulate in the art in public places fund and shall be accounted for separately and expended for the acquisition of art for existing public buildings, as determined by the [division] commission. Any money remaining in the fund at the end of each fiscal year shall not revert but shall remain in the art in public places fund to be used to implement the purposes of the Art in Public Places Act."
Section 5. Section 13-4A-8 NMSA 1978 (being Laws 1986, Chapter 11, Section 8) is amended to read:
"13-4A-8. ARTIST SELECTION.--The [division] commission shall establish guidelines for the art selection process. This process shall provide for participation from representatives of the contracting agency, the user agency, the commission, the division, the project architect, visual artists or design professionals and interested members of the community."
Section 6. Section 13-4A-10 NMSA 1978 (being Laws 1986, Chapter 11, Section 10) is amended to read:
"13-4A-10. [DIVISION] ART SELECTION, EXECUTION, PLACEMENT AND ACCEPTANCE--RULES [AND REGULATIONS].--The selection, execution, placement and acceptance of works of art for a construction project shall be the responsibility of the [division] commission in consultation with the contracting agency and the division. The division, under the direction of the commission, shall adopt rules [and regulations] to govern the selection, execution, placement and acceptance of the works of art to be acquired in accordance with this section and other rules [regulations and procedures] necessary to implement the Art in Public Places Act. Administrative costs incurred by the division for the implementation of the Art in Public Places Act may be charged against the art in public places fund, provided that such costs have been properly budgeted and the budget has been approved by the [state] secretary of cultural affairs [officer] and the secretary of finance and administration."
Section 7. Section 18-5-3 NMSA 1978 (being Laws 1978, Chapter 70, Section 2) is amended to read:
"18-5-3. COMMISSION--CREATION--MEMBERS--TERMS--COMPENSATION.--
A. [There is created] The "New Mexico arts commission" is created.
B. The commission is composed of fifteen members appointed by the governor with the consent of the senate. Members shall be broadly representative of all fields of the creative and interpretative arts.
C. Members of the commission shall be residents of this state and shall be persons who are widely known for their professional competence and experience in connection with the creative or interpretive arts.
D. Members of the commission shall initially be appointed for terms as follows: five members shall be appointed for terms of one year, five members shall be appointed for terms of two years and five members shall be appointed for terms of three years. The first members of the commission shall be appointed on or before September 1, 1965, with the date of office of all these members to commence on the same day. After the expiration of the initial terms, all members shall be appointed for terms of three years. Vacancies resulting from the death or resignation of a member shall be filled by appointment for the unexpired portion of the term of the member creating the vacancy.
E. Members of the commission [shall] are entitled to receive per diem and mileage as provided for nonsalaried public employees in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."
Section 8. Section 18-5-5 NMSA 1978 (being Laws 1978, Chapter 70, Section 4, as amended) is amended to read:
"18-5-5. COMMISSION--DUTIES.--
A. The commission [will be advisory to] shall:
(1) advise the governor, the secretary of cultural affairs and the director [of the arts division, to the state cultural affairs officer and to state government in general where not in conflict with other statutory agencies the governor will receive general counsel] on the arts; [from the commission and from the division.
B. The commission will]
(2) advise the director on all division policies, and the director shall provide the commission with all information requisite to such advice; and
(3) oversee the administration of the Art in Public Places Act, including the selection, execution, placement and acceptance of art and determining expenditures for public art as provided in that act.
[C.] B. The director shall consult with the commission [shall be consulted by the director] before [he] the director approves, disapproves or modifies the distribution of federal and state program funds other than art in public places funds. The director shall provide the commission with all information requisite to such consultation.
[D.] C. The director shall keep the commission informed of the fiscal affairs of the division, including budget requests, appropriations and disbursements."
Section 9. A new section of Chapter 18, Article 5 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SAVING CLAUSE--CURRENT COMMISSION MEMBERS--CONFIRMATION NOT REQUIRED.--Members of the commission with extant terms on July 1, 2010 are not required to be confirmed by the senate; provided that if a vacancy occurs in any member's term, the person appointed to serve the remainder of the term shall be confirmed by the senate. As terms expire, the governor shall present the names of new members to the senate for confirmation."
Section 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.
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