HOUSE BILL 17

50th legislature - STATE OF NEW MEXICO - first special session, 2011

INTRODUCED BY

Paul C. Bandy

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; COMBINING THE CULTURAL AFFAIRS AND TOURISM DEPARTMENTS; CREATING THE AFRICAN AMERICAN CULTURAL DIVISION WITHIN THE TOURISM AND CULTURAL AFFAIRS DEPARTMENT; ENACTING THE AFRICAN AMERICAN CULTURAL CENTER ACT; PROVIDING FOR THE TRANSFERS OF FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES; REAUTHORIZING AND REAPPROPRIATING BALANCES, EXTENDING EXPENDITURE PERIODS AND CHANGING AGENCIES ON PRIOR APPROPRIATIONS; DECLARING AN EMERGENCY.

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

     SECTION 1. Section 3-60C-3 NMSA 1978 (being Laws 2007, Chapter 103, Section 3, as amended) is amended to read:

     "3-60C-3. DEFINITIONS.--As used in the Main Street Revolving Loan Act:

          A. "committee" means the main street revolving loan committee;

          B. "division" means the historic preservation division of the tourism and cultural affairs department;

          C. "eligible property" means a site, structure, building or object that is subject to the Main Street Act or otherwise found pursuant to rule of the committee to merit preservation pursuant to the Main Street Revolving Loan Act;

          D. "fund" means the main street revolving loan fund;

          E. "lending institution" means a bank, savings and loan association, credit union or nonprofit organization with lending programs as part of its bylaws; and

          F. "property owner" means the sole owner, joint owner, owner in partnership or an owner of a leasehold interest with a term of five years or longer of an eligible property."

     SECTION 2. Section 4-36-2 NMSA 1978 (being Laws 1965, Chapter 87, Section 3, as amended) is amended to read:

     "4-36-2. COUNTY LIBRARIES--ESTABLISHMENT--CONTRACT SERVICES--GIFTS AND BEQUESTS.--

          A. A county may establish and maintain a free public library under proper regulation and may receive, hold and dispose of a gift, donation, devise or bequest that is made to the county for the purpose of establishing, increasing or improving the library. The governing body may apply the use, profit, proceeds, interest and rents accruing from such property in any manner that will best improve the library and its use.

          B. A county establishing a public library may enter into contracts and joint powers agreements with other counties, municipalities, local school boards, post-secondary educational institutions and the library division of the [office of] tourism and cultural affairs department for the furnishing of regional library services."

     SECTION 3. Section 7-1-6.51 NMSA 1978 (being Laws 2005, Chapter 351, Section 1) is amended to read:

     "7-1-6.51. DISTRIBUTION--MUNICIPAL EVENT CENTER SURCHARGE.--

          A. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the public project revolving fund administered by the New Mexico finance authority in an amount equal to seventy-five percent of the amount of event center surcharge proceeds transferred to the tax administration suspense fund pursuant to the Municipal Event Center Funding Act.

          B. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the energy, minerals and natural resources department in an amount equal to twenty-four percent of the amount of event center surcharge proceeds transferred to the tax administration suspense fund pursuant to the Municipal Event Center Funding Act.

          C. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the tourism and cultural affairs department in an amount equal to one percent of the amount of event center surcharge proceeds transferred to the tax administration suspense fund pursuant to the Municipal Event Center Funding Act."

     SECTION 4. Section 7-2-18.2 NMSA 1978 (being Laws 1984, Chapter 34, Section 1, as amended) is amended to read:

     "7-2-18.2. CREDIT FOR PRESERVATION OF CULTURAL PROPERTY--REFUND.--

          A. Tax credits for the preservation of cultural property may be claimed as follows:

                (1) to encourage the restoration, rehabilitation and preservation of cultural properties, a taxpayer who files an individual New Mexico income tax return and who is not a dependent of another individual and who is the owner of a cultural property listed on the official New Mexico register of cultural properties, with the taxpayer's consent, may claim a credit not to exceed a maximum aggregate of twenty-five thousand dollars ($25,000) in an amount equal to one-half of the cost of restoration, rehabilitation or preservation of a cultural property listed on the official New Mexico register; or

                (2) if a cultural property, whose owner may otherwise claim the credit set forth in Paragraph (1) of this subsection is also located within an arts and cultural district certified by the state or a municipality pursuant to the Arts and Cultural District Act, the owner of that cultural property may claim a credit not to exceed fifty thousand dollars ($50,000), including any credit claimed pursuant to Paragraph (1) of this subsection, in an amount equal to one-half of the cost of restoration, rehabilitation or preservation of the cultural property.

          B. The taxpayer may claim the credit if:

                (1) the taxpayer submitted a plan and specifications for restoration, rehabilitation or preservation to the committee and received approval from the committee for the plan and specifications prior to commencement of the restoration, rehabilitation or preservation;

                (2) the taxpayer received certification from the committee after completing the restoration, rehabilitation or preservation, or committee-approved phase, that it conformed to the plan and specifications and preserved and maintained those qualities of the property that made it eligible for inclusion in the official register; and

                (3) the project is completed within twenty-four months of the date the project is approved by the committee in accordance with Paragraph (1) of this subsection.

          C. A taxpayer may claim the credit provided in this section for each taxable year in which restoration, rehabilitation or preservation is carried out. Except as provided in Subsection F of this section, claims for the credit provided in this section shall be limited to three consecutive years, and the maximum aggregate credit allowable shall not exceed twenty-five thousand dollars ($25,000) if governed by Paragraph (1) of Subsection A of this section, or fifty thousand dollars ($50,000) if governed by Paragraph (2) of Subsection A of this section, for any single restoration, rehabilitation or preservation project for any cultural property listed on the official New Mexico register certified by the committee.

          D. A husband and wife who file separate returns for a taxable year in which they could have filed a joint return may each claim only one-half of the credit that would have been allowed on a joint return.

          E. A taxpayer who otherwise qualifies and claims a credit on a restoration, rehabilitation or preservation project on property owned by a partnership of which the taxpayer is a member may claim a credit only in proportion to the taxpayer's interest in the partnership. The total credit claimed by all members of the partnership shall not exceed twenty-five thousand dollars ($25,000) in the aggregate if governed by Paragraph (1) of Subsection A of this section, or fifty thousand dollars ($50,000) in the aggregate if governed by Paragraph (2) of Subsection A of this section, for any single restoration, rehabilitation or preservation project for any cultural property listed on the official New Mexico register certified by the committee.

          F. The credit provided in this section may only be deducted from the taxpayer's income tax liability. Any portion of the maximum tax credit provided by this section that remains unused at the end of the taxpayer's taxable year may be carried forward for four consecutive years; provided, however, the total tax credits claimed under this section shall not exceed twenty-five thousand dollars ($25,000) if governed by Paragraph (1) of Subsection A of this section, or fifty thousand dollars ($50,000) if governed by Paragraph (2) of Subsection A of this section, for any single restoration, preservation or rehabilitation project for any cultural property listed on the official New Mexico register.

          G. The historic preservation division shall promulgate regulations for the implementation of Subsection B of this section.

          H. As used in this section:

                (1) "committee" means the cultural properties review committee [created in Section 18-6-4 NMSA 1978]; and

                (2) "historic preservation division" means the historic preservation division of the tourism and cultural affairs department [created in Section 18-6-8 NMSA 1978]."

     SECTION 5. Section 9-4A-1 NMSA 1978 (being Laws 2004, Chapter 25, Section 1, as amended) is amended to read:

     "9-4A-1. SHORT TITLE.--Chapter 9, Article 4A NMSA 1978 may be cited as the "Tourism and Cultural Affairs Department Act"."

     SECTION 6. Section 9-4A-2 NMSA 1978 (being Laws 2004, Chapter 25, Section 2) is amended to read:

     "9-4A-2. PURPOSE.--The purpose of the Tourism and Cultural Affairs Department Act is to create a single, unified department to administer all laws and exercise all functions formerly administered and executed by the [office of] cultural affairs department and the tourism department."

     SECTION 7. Section 9-4A-3 NMSA 1978 (being Laws 2004, Chapter 25, Section 3) is amended to read:

     "9-4A-3. DEFINITIONS.--As used in the Tourism and Cultural Affairs Department Act:

          A. "department" means the tourism and cultural affairs department; and

          B. "secretary" means the secretary of tourism and cultural affairs."

     SECTION 8. Section 9-4A-4 NMSA 1978 (being Laws 2004, Chapter 25, Section 4, as amended) is amended to read:

     "9-4A-4. DEPARTMENT CREATED.--The "tourism and 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 African American cultural division;

          [F.] G. the farm and ranch heritage museum division;

          [G.] H. the natural history and science museum division;

          [H.] I. the museum of space history division;

          [I.] J. the museum resources division;

          [J.] K. the veterans museum division; [and

          K.] L. 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 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;

          M. the tourism development division; and

          N. the New Mexico magazine division."

     SECTION 9. Section 9-4A-5 NMSA 1978 (being Laws 2004, Chapter 25, Section 5) is amended to read:

     "9-4A-5. SECRETARY.--

          A. The chief executive and administrative officer of the department is the "secretary of tourism and cultural affairs". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold the office at the pleasure of the governor and shall serve in the executive cabinet.

          B. An appointed secretary shall serve and have all the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting the appointment."

     SECTION 10. Section 9-4A-6 NMSA 1978 (being Laws 2004, Chapter 25, Section 6, as amended) is amended to read:

     "9-4A-6. SECRETARY--DUTIES AND GENERAL POWERS.--

          A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which the secretary or the department is charged.

          B. To perform the secretary's duties, the secretary has every power expressly enumerated in the laws, whether granted to the secretary or the department, or any division of the department, except where authority conferred upon any division therein is explicitly exempted from the secretary's authority by statute. In accordance with these provisions, the secretary shall:

                (1) except as otherwise provided in the Tourism and Cultural Affairs Department Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and rules;

                (2) delegate authority to subordinates as the secretary deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;

                (3) organize the department into those organizational units the secretary deems will enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

                (4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge the secretary's duties;

                (5) take administrative action by issuing orders and instructions, not inconsistent with the law, to ensure implementation of and compliance with the provisions of law for whose administration or execution the secretary is responsible, and to enforce those orders and instructions by appropriate administrative action or actions in the courts;

                (6) conduct research and studies that will improve the operations of the department and the provision of services to the citizens of the state;

                (7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs with the objective of improving the operations and efficiency of the administration;

                (8) prepare an annual budget of the department;

                (9) provide cooperation, at the request of heads of administratively attached agencies, in order to:

                     (a) minimize or eliminate duplication of services and jurisdictional conflicts;

                     (b) coordinate activities and resolve problems of mutual concern; and

                     (c) resolve by agreement the manner and extent to which the department shall provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies; and

                (10) appoint, with the governor's consent, for each division, a "director". These appointed positions are exempt from the provisions of the Personnel Act. Persons appointed to these positions shall serve at the pleasure of the secretary.

          C. The secretary may:

                 (1) apply for and receive, with the governor's approval, in the name of the department, any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services; and

                 (2) acquire by purchase, gift, endowment or legacy real or personal property and hold title to that property in the name of the department for the purpose of promoting, encouraging and supporting the performing arts in New Mexico. Property acquired pursuant to this paragraph shall be held under the control and authority of the [cultural affairs] department.

          D. Where functions of departments overlap, or a function assigned to one department could better be performed by another department, a secretary may recommend appropriate legislation to the next session of the legislature for its approval.

          E. The secretary may make and adopt such reasonable procedural rules as may be necessary to carry out the duties of the department and its divisions. A rule promulgated by the director of a division in carrying out the functions and duties of the division shall not be effective until approved by the secretary. Unless otherwise provided by statute, a rule affecting a person or agency outside the department shall not be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule or proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules shall be filed in accordance with the State Rules Act."

     SECTION 11. A new section of the Tourism and Cultural Affairs Department Act is enacted to read:

     "[NEW MATERIAL] SECRETARY--ADDITIONAL DUTIES.--The secretary shall:

          A. work with and provide staff support to the tourism commission in formulating and implementing the state's five-year tourism plan;

          B. advise the tourism commission of proposed rules, projects and contractual arrangements of the department related to tourism;

          C. enter into contracts with state, federal or private entities, apply for and accept any state, federal or private funds or grants for tourism-related projects and accept similar donations and bequests from any source;

          D. maintain and update records on the status of all completed and ongoing tourism projects of the department;

          E. encourage the preservation and development of Indian arts and crafts among the Indian tribes and pueblos of the state; and

          F. promote and market Native American tourism-related activities."

     SECTION 12. Section 9-4A-11 NMSA 1978 (being Laws 1949, Chapter 74, Section 1, as amended) is amended to read:

     "9-4A-11. LABORATORY OF ANTHROPOLOGY--ACCEPTANCE OF DEED AND TITLE.--The state of New Mexico accepts the deed and bill of sale and the title of the laboratory of anthropology building and land described in the deed dated September 30, 1947 and directs that the property become part of the museum of New Mexico and be controlled and administered by the [cultural affairs] department."

     SECTION 13. Section 9-4A-14 NMSA 1978 (being Laws 2004, Chapter 25, Section 14) is amended to read:

     "9-4A-14. PALACE OF THE GOVERNORS STATE HISTORY MUSEUM DIVISION CREATED--LOCATION--BOARD OF REGENTS.--

          A. The "palace of the governors state history museum division" is created in the [cultural affairs] department. The palace of the governors state history museum 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 palace of the governors state history museum.

          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] fewer than three names provided by the museum of New Mexico board of regents."

     SECTION 14. Section 9-4A-15 NMSA 1978 (being Laws 2004, Chapter 25, Section 15) is amended to read:

     "9-4A-15. MUSEUM OF INTERNATIONAL FOLK ART DIVISION CREATED--LOCATION--BOARD OF REGENTS.--

          A. The "museum of international folk art division" is created in the [cultural affairs] department. The museum of international folk 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 museum of international folk 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] fewer than three names provided by the museum of New Mexico board of regents."

     SECTION 15. Section 9-4A-16 NMSA 1978 (being Laws 2004, Chapter 25, Section 16) is amended to read:

     "9-4A-16. MUSEUM OF INDIAN ARTS AND CULTURE DIVISION CREATED--LOCATION--BOARD OF REGENTS.--

          A. The "museum of Indian arts and culture division" is created in the [cultural affairs] department. The museum of Indian arts and culture 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 museum of Indian arts and culture.

          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] fewer than three names provided by the museum of New Mexico board of regents."

     SECTION 16. Section 9-4A-17 NMSA 1978 (being Laws 2004, Chapter 25, Section 17) is amended to read:

     "9-4A-17. STATE MONUMENTS DIVISION CREATED--BOARD OF REGENTS.--

          A. The "state monuments division" is created in the [cultural affairs] department. The division shall manage the state's monuments, including:

                (1) Coronado state monument;

                (2) Jemez state monument;

                (3) Fort Selden state monument;

                (4) Fort Sumner state monument and Bosque Redondo memorial;

                (5) Lincoln state monument;

                (6) El Camino Real international heritage center; [and]

                (7) the Taylor Reynolds Barela Mesilla state monument; and

                (8) Fort Stanton state monument.

          B. The state monuments shall operate under the imprimatur of the museum of New Mexico. The museum of New Mexico board of regents shall exercise trusteeship over the state monuments.

          C. 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.

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

     SECTION 17. Section 9-4A-18 NMSA 1978 (being Laws 2004, Chapter 25, Section 18) is amended to read:

     "9-4A-18. ARCHAEOLOGICAL SERVICES DIVISION CREATED--BOARD OF REGENTS.--

          A. The "archaeological services division" is created in the [cultural affairs] department. The division shall be operated as a division of the [cultural affairs] department under the imprimatur of the museum of New Mexico.

          B. The museum of New Mexico board of regents shall exercise trusteeship over the archaeological services division.

          C. 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.

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

     SECTION 18. Section 9-4A-20 NMSA 1978 (being Laws 2005, Chapter 121, Section 1) is amended to read:

     "9-4A-20. MUSEUM COLLECTIONS FUND--CREATED--PURPOSE--NATIONAL MUSEUM ETHICAL GUIDELINES.--

          A. The "museum collections fund" is created in the state treasury. The fund is a nonreverting fund, and income from investment of the fund shall be credited to the fund. The fund shall be administered by the [cultural affairs] department, and money in the fund is appropriated to the department as provided in Subsection B of this section.

          B. The purpose of the fund is to receive proceeds from the deaccessioning of museum collection items of each state museum and to fund new acquisitions for the museums. To comply with national museum ethical guidelines, each museum may have a subaccount in the museum collections fund into which the proceeds of the deaccessioning of its collection items and income from investment of the proceeds are credited and out of which the museum may expend money for the sole purpose of acquiring objects for that museum's collection. Money in the fund shall be expended on warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the appropriate museum division and the secretary of tourism and cultural affairs or the secretary's authorized representative."

     SECTION 19. A new section of the Tourism and Cultural Affairs Department Act is enacted to read:

     "[NEW MATERIAL] TOURISM ENTERPRISE FUND CREATED--ADMINISTRATION.--The "tourism enterprise fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations, fees and departmental receipts from sales of souvenirs and sundries at visitors centers, web-site-related sales and television special program rights and any other money credited to the fund. The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the duties of the department related to tourism as recommended by the tourism commission. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of tourism and cultural affairs or the secretary's designated representative."

     SECTION 20. A new section of the Tourism and Cultural Affairs Department Act is enacted to read:

     "[NEW MATERIAL] TOURISM COMMISSION CREATED--MEMBERSHIP--ADMINISTRATIVELY ATTACHED--DUTIES.--

          A. The "tourism commission" is created. The commission is a planning commission administratively attached to the department. The commission shall provide advice to the department on tourism-related policy matters. The commission is responsible for the annual approval and update of the state's five-year tourism plan. The commission consists of seven members appointed by the governor and confirmed by the senate who are qualified electors of the state, no more than four of whom, at the time of their appointment, are members of the same political party and at least one of whom shall be a Native American. Two members shall be appointed from each of the three congressional districts, and one member shall be appointed from the state at large. Appointments shall be made for seven-year terms expiring on January 1 of the appropriate year. Commission members shall serve staggered terms as determined by the governor at the time of their initial appointment. The governor shall designate the chair of the commission each year from among its members. Members of the commission shall not be removed except for cause. Vacancies on the commission shall be filled by appointment by the governor for the unexpired term.

          B. The commission shall meet at the call of the chair not less than once each quarter and shall invite representatives of appropriate legislative committees, other state agencies and interested persons to its meetings for the purpose of information exchange and coordination. Commission members shall not vote by proxy. A majority of the members constitutes a quorum for the conduct of business. Members are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance.

          C. The commission shall:

                (1) develop and recommend policies and provide policy and program guidance for the department; and

                (2) review, modify and approve annual updates to the state's five-year tourism plan generated by the department."

     SECTION 21. Section 9-15-30 NMSA 1978 (being Laws 1988, Chapter 80, Section 4, as amended) is amended to read:

     "9-15-30. MEXICAN AFFAIRS DIVISION CREATED--DUTIES.--

          A. The "Mexican affairs division" is created as a division of the department.

          B. The division shall be responsible for conducting and coordinating the state's relations with the Republic of Mexico and the state of Chihuahua and shall promote New Mexico products and services in Mexico. The division is created to coordinate activities of the department, the tourism [department the] and cultural affairs department, the department of transportation, the department of health, the department of environment, the department of public safety, the New Mexico-Chihuahua commission, the border authority and the joint border research institute at New Mexico state university as those activities relate to improving New Mexico-Mexico relations and trade and encouraging or funding appropriate border development.

          C. The division shall provide periodic reports to the New Mexico finance authority oversight committee on its activities and the activities of the state pertaining to New Mexico-Mexico relations, trade and border development."

     SECTION 22. Section 13-1-98 NMSA 1978 (being Laws 1984, Chapter 65, Section 71, as amended) is amended to read:

     "13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The provisions of the Procurement Code shall not apply to:

          A. procurement of items of tangible personal property or services by a state agency or a local public body from a state agency, a local public body or external procurement unit except as otherwise provided in Sections 13-1-135 through 13-1-137 NMSA 1978;

          B. procurement of tangible personal property or services for the governor's mansion and grounds;

          C. printing and duplicating contracts involving materials that are required to be filed in connection with proceedings before administrative agencies or state or federal courts;

          D. purchases of publicly provided or publicly regulated gas, electricity, water, sewer and refuse collection services;

          E. purchases of books and periodicals from the publishers or copyright holders thereof;

          F. travel or shipping by common carrier or by private conveyance or to meals and lodging;

          G. purchase of livestock at auction rings or to the procurement of animals to be used for research and experimentation or exhibit;

          H. contracts with businesses for public school transportation services;

          I. procurement of tangible personal property or services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978, by the corrections industries division of the corrections department pursuant to rules adopted by the corrections industries commission, which shall be reviewed by the purchasing division of the general services department prior to adoption;

          J. minor purchases not exceeding five thousand dollars ($5,000) consisting of magazine subscriptions, conference registration fees and other similar purchases where prepayments are required;

          K. municipalities having adopted home rule charters and having enacted their own purchasing ordinances;

          L. the issuance, sale and delivery of public securities pursuant to the applicable authorizing statute, with the exception of bond attorneys and general financial consultants;

          M. contracts entered into by a local public body with a private independent contractor for the operation, or provision and operation, of a jail pursuant to Sections

33-3-26 and 33-3-27 NMSA 1978;

          N. contracts for maintenance of grounds and facilities at highway rest stops and other employment opportunities, excluding those intended for the direct care and support of persons with handicaps, entered into by state agencies with private, nonprofit, independent contractors who provide services to persons with handicaps;

          O. contracts and expenditures for services or items of tangible personal property to be paid or compensated by money or other property transferred to New Mexico law enforcement agencies by the United States department of justice drug enforcement administration;

          P. contracts for retirement and other benefits pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;

          Q. contracts with professional entertainers;

          R. contracts and expenditures for litigation expenses in connection with proceedings before administrative agencies or state or federal courts, including experts, mediators, court reporters, process servers and witness fees, but not including attorney contracts;

          S. contracts for service relating to the design, engineering, financing, construction and acquisition of public improvements undertaken in improvement districts pursuant to Subsection L of Section 3-33-14.1 NMSA 1978 and in county improvement districts pursuant to Subsection L of Section 4-55A-12.1 NMSA 1978;

          T. works of art for museums or for display in public buildings or places;

          U. contracts entered into by a local public body with a person, firm, organization, corporation or association or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico for the operation and maintenance of a hospital pursuant to Chapter 3, Article 44 NMSA 1978, lease or operation of a county hospital pursuant to the Hospital Funding Act or operation and maintenance of a hospital pursuant to the Special Hospital District Act;

          V. purchases of advertising in all media, including radio, television, print and electronic;

          W. purchases of promotional goods intended for resale by the tourism and cultural affairs department; 

          X. procurement of printing services for materials produced and intended for resale by the tourism and cultural affairs department;

          Y. procurement by or through the public education department from the federal department of education relating to parent training and information centers designed to increase parent participation, projects and initiatives designed to improve outcomes for students with disabilities and other projects and initiatives relating to the administration of improvement strategy programs pursuant to the federal Individuals with Disabilities Education Act; provided that the exemption applies only to procurement of services not to exceed two hundred thousand dollars ($200,000);

          Z. procurement of services from community rehabilitation programs or qualified individuals pursuant to

the State Use Act;

          AA. purchases of products or services for eligible persons with disabilities pursuant to the federal Rehabilitation Act of 1973;

          BB. procurement, by either the department of health or Grant county or both, of tangible personal property, services or construction that are exempt from the Procurement Code pursuant to Section 9-7-6.5 NMSA 1978;

          CC. contracts for investment advisory services, investment management services or other investment-related services entered into by the educational retirement board, the state investment officer or the retirement board created pursuant to the Public Employees Retirement Act;

          DD. the purchase for resale by the state fair commission of feed and other items necessary for the upkeep of livestock; and

          EE. contracts entered into by the crime victims reparation commission to distribute federal grants to assist victims of crime, including grants from the federal Victims of Crime Act of 1984 and the federal Violence Against Women Act."

     SECTION 23. 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. "contracting agency" means the agency having the control, management and power to enter into contracts for new construction or renovation of any public building;

          D. "division" means the arts division of the [office of] tourism and cultural affairs department;

          E. "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] tourism and 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. "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."

    SECTION 24. Section 15-3B-2 NMSA 1978 (being Laws 1972, Chapter 74, Section 2, as amended) is amended to read:

    "15-3B-2. DEFINITIONS.--As used in the Property Control Act:

         A. "capital outlay project" means the acquisition, improvement, alteration or reconstruction of assets of a long-term character that are intended to continue to be held or used, including land, buildings, machinery, furniture and equipment. A "capital outlay project" includes all proposed expenditures related to the entire undertaking;

         B. "department" means the general services department;

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

         D. "division" means the property control division of the department;

         E. "jurisdiction" means all state buildings and land except those under the control and management of the state armory board, the border authority, the tourism and cultural affairs department, the state fair commission, the department of game and fish, the department of transportation, the commissioner of public lands, the state parks division of the energy, minerals and natural resources department, the state institutions of higher learning, regional education cooperatives, the New Mexico school for the deaf, the New Mexico school for the blind and visually impaired, the judicial branch, the legislative branch, property acquired by the economic development department pursuant to the Statewide Economic Development Finance Act and property acquired by the public school facilities authority pursuant to the Public School Capital Outlay Act; and

         F. "secretary" means the secretary of general services."

    SECTION 25. Section 15-5A-7 NMSA 1978 (being Laws 2007, Chapter 160, Section 7) is amended to read:

    "15-5A-7. ARTS AND CULTURAL DISTRICT FUND ESTABLISHED.--The "arts and cultural district fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests. The fund shall be administered by the tourism and cultural affairs department, and money in the fund is appropriated to the tourism and cultural affairs department to carry out the provisions of the Arts and Cultural District Act. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of tourism and cultural affairs or the secretary's authorized representative."

    SECTION 26. Section 18-2-3 NMSA 1978 (being Laws 1977, Chapter 246, Section 10, as amended) is amended to read:

    "18-2-3. LIBRARY DIVISION--CREATION--DIRECTOR.--

         A. The "library division" is created within the tourism and cultural affairs department.

         B. Subject to the authority of the secretary of tourism and cultural affairs, the administrative and executive head of the library division is the "state librarian". The state librarian shall be appointed by the secretary."

    SECTION 27. Section 18-2-23 NMSA 1978 (being Laws 2001, Chapter 205, Section 1) is amended to read:

    "18-2-23. FUND CREATED--ADMINISTRATION--PURPOSE.--

         A. The "tribal libraries endowment fund" is created in the state treasury. The fund shall consist of all money appropriated to the fund and any grants, gifts and bequests made to the fund. Any money in the fund shall not revert to the general fund at the end of any fiscal year.

         B. The tribal library program of the library division of the [office of] tourism and cultural affairs department shall administer the tribal libraries endowment fund and shall make disbursements from the earnings on the investment of the fund for the purpose of funding the establishment, development and administration of tribal libraries in New Mexico.

         C. The library division [of the office of cultural affairs] may adopt rules and procedures as necessary or appropriate to administer the tribal libraries endowment fund after consultation with the tribal librarians."

    SECTION 28. Section 18-3-9 NMSA 1978 (being Laws 2005, Chapter 277, Section 1) is amended to read:

    "18-3-9. STATE MUSEUMS IMPROVEMENTS AND EXHIBITS FUND CREATED--USE.--

         A. The "state museums improvements and exhibits fund" is created in the state treasury. The fund shall consist of:

             (1) money appropriated and transferred to the fund;

             (2) gifts, grants, donations and bequests; and

             (3) fifteen percent of the state museums' admission fees and facilities rentals.

         B. Earnings from investment of the state museums improvements and exhibits fund shall be credited to the fund. Money in the fund is appropriated to the tourism and cultural affairs department to be distributed to state museums pursuant to the provisions of this section. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of tourism and cultural affairs.

         C. Money in the state museums improvements and exhibits fund shall be expended by the tourism and cultural affairs department for development, implementation and maintenance of exhibitions at state museums and for maintenance and repairs of state museum facilities. Revenues in the fund earned by a specific division shall be expended by that division.

         D. As used in this section, "state museum" means a museum, state monument, cultural center or laboratory administered by the tourism and cultural affairs department."

    SECTION 29. Section 18-3A-3 NMSA 1978 (being Laws 1980, Chapter 128, Section 3, as amended) is amended to read:

    "18-3A-3. DEFINITIONS.--As used in the Natural History and Science Museum Act:

         A. "board" means the board of trustees of the New Mexico museum of natural history and science;

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

         C. "division" means the natural history and science museum division of the tourism and cultural affairs department;

         D. "museum" means the New Mexico museum of natural history and science;

         E. "natural history" means that which pertains to the earth and its life, including but not limited to the fields of biology, geology and related life sciences; and

         F. "physical science" means that which pertains to mathematics, physics, chemistry, astronomy and related sciences and technologies."

    SECTION 30. Section 18-3A-4 NMSA 1978 (being Laws 1980, Chapter 128, Section 4, as amended) is amended to read:

    "18-3A-4. NATURAL HISTORY AND SCIENCE MUSEUM DIVISION--CREATION--LOCATION--PROPERTY.--

         A. The "natural history and science museum division" is created within the tourism and cultural affairs department. The principal facility of this division is the "New Mexico museum of natural history and science" located in Albuquerque. 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 31. Section 18-3A-7 NMSA 1978 (being Laws 1987, Chapter 38, Section 5, as amended) is amended to read:

    "18-3A-7. 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 tourism and cultural affairs;

         D. 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;

         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 subject to the decision of the secretary of tourism and cultural affairs in event of conflict between the board and the tourism and cultural affairs department."

    SECTION 32. Section 18-4-6 NMSA 1978 (being Laws 1949, Chapter 138, Section 5, as amended) is amended to read:

    "18-4-6. LINCOLN MONUMENT--STATE MONUMENTS DIVISION--POWERS AND DUTIES.--The state monuments division of the tourism and cultural affairs department shall be entrusted with the protection and preservation of the old Lincoln county courthouse. The state monuments division:

         A. shall maintain and operate the monument as a memorial and state museum of old Lincoln county [shall have power to];

         B. may acquire and hold real estate in the name of the state [and to];

         C. may act in cooperation with the federal government or any of its agencies in preserving the monument; and [shall have power to]

         D. may accept gifts, grants and donations from any person, firm, corporation, agency or any group of persons for the collections of the museum or the maintenance and operation of the monument."

    SECTION 33. Section 18-5-2 NMSA 1978 (being Laws 1978, Chapter 70, Section 1, as amended) is amended to read:

    "18-5-2. DEFINITIONS.--As used in Chapter 18, Article 5 NMSA 1978:

         A. "commission" means the New Mexico arts commission;

         B. "creative arts" means the act of writing, composing or designating and executing literature, including poetry; drama; music, including opera and choral works; ballet and dance; painting; sculpturing; graphic arts; photography; crafts; architecture; and films and television;

         C. "director" means the executive head of the division;

         D. "division" means the arts division of the tourism and cultural affairs department; and

         E. "interpretative arts" means the act of interpreting the creative arts, including the designing, publishing, printing and collecting of books; the producing, directing and performing of dramas; the performing of music and the producing, directing and performing of operas and choral works; the producing, directing and performing of ballet and dance; the conservation of architecture; and the producing, directing and performing of films and television."

    SECTION 34. Section 18-5-6 NMSA 1978 (being Laws 1978, Chapter 70, Section 5, as amended) is amended to read:

    "18-5-6. DIVISION--CREATION--DIRECTOR--APPOINTMENT.--

         A. The "arts division" is created within the tourism and cultural affairs department.

         B. Subject to the authority of the secretary of tourism and cultural affairs, the administrative and executive head of the arts division is the "director" of the arts division. The director shall be hired by the secretary from a list of three to five names supplied by the commission."

    SECTION 35. Section 18-5-7 NMSA 1978 (being Laws 1978, Chapter 70, Section 6, as amended) is amended to read:

    "18-5-7. DIVISION--POWERS--DUTIES.--The powers and duties of the [arts] division [of the office of cultural affairs shall be] are to:

         A. [to] advise and assist public agencies in planning civic beautification;

         B. [to] foster appreciation for the fine arts;

         C. [to] make this state more appealing to the world;

         D. [to] encourage the creative activity in the arts of residents of this state and to attract to this state's residency additional outstanding creators in the field of fine arts through appropriate programs of publicity, education, coordination and direct activities such as sponsorship of performing and visual arts;

         E. [to] accept on behalf of the state such donations of money, property or memorials as in its discretion are suitable and shall best further the aims of [Sections 18-5-1 through 18-5-7] Chapter 18, Article 5 NMSA 1978. The division [shall be empowered to] may accept any additional gifts, contributions or bequests from private persons, corporations, foundations or agencies or the federal government. Such money so gained may be reemployed as part of a revolving fund to be used to further the purpose of [Sections 18-5-1 through 18-5-7] Chapter 18, Article 5 NMSA 1978;

         F. [to] make, through its director, rules [and regulations] necessary to administer the division and as provided by law; and

         G. [to] perform other duties as provided by law."

    SECTION 36. Section 18-6-5 NMSA 1978 (being Laws 1969, Chapter 223, Section 5, as amended) is amended to read:

    "18-6-5. COMMITTEE--POWERS AND DUTIES.--The primary function of the committee is to review proposals for the preservation of cultural properties. The committee is authorized to take such actions as are reasonable and consistent with law to identify cultural properties and to advise on the protection and preservation of those properties. Among such actions as may be necessary and proper to the fulfillment of these responsibilities, and without being limited hereby, the committee:

         A. shall determine what constitutes historical, archaeological, scientific, architectural and other cultural significance for the purpose of identifying cultural properties as used in the Cultural Properties Act;

         B. shall prepare and keep up to date the official register. This official register shall be composed of properties identified by the committee as having historical or other cultural significance and integrity, being suitable for preservation and having educational significance;

         C. shall prepare and maintain proper documentation of the historic or other significance of cultural properties. The committee is granted access to all state and local public documents that may be necessary for the documentation, and such state and local agencies as have custody of such documents are authorized to allow the committee to examine and reproduce those documents useful for the documentation;

         D. shall inspect all registered cultural properties periodically to [assure] ensure proper cultural or historical integrity and proper maintenance. The inspection may be made by an authorized representative of the committee or the historic preservation division of the [office of] tourism and cultural affairs department. Such inspection shall be made only with the written consent of the owner or [his] the owner's authorized representative;

         E. shall, based upon the inspection of a registered cultural property, recommend such repairs, maintenance and other measures as should be taken to maintain registered status;

         F. shall issue [regulations] rules pertaining to the identification, preservation and maintenance of registered cultural properties in order to maintain the integrity of those properties;

         G. may delete from the official register any registered cultural property whose owner does not comply with the committee's [regulations] rules or follow its recommendations for repair and maintenance or [which] that, upon presentation of further evidence, does not merit continued official registry;

         H. may recommend to the museum resources division of the [office of] tourism and cultural affairs department and other public administrators of registered cultural properties measures for the investigation, restoration and protection of such properties;

         I. may encourage and render technical advice to private owners of registered cultural properties in order that such properties may be preserved;

         J. may encourage and provide technical assistance to municipalities and counties in acquiring, preserving and developing cultural properties within their jurisdictions;

         K. shall cooperate with federal, state, local and private agencies and persons engaged in the administration, development or other work relating to cultural properties within the state;

         L. shall pursue all activities in a manner consistent with state and federal laws and regulations;

         M. may encourage and promote public appreciation of New Mexico's historical and cultural heritage by:

             (1) reviewing for accuracy the proposed publication of information on cultural properties; and

             (2) reviewing the accuracy and adequacy of proposed marking of cultural properties;

         N. may [utilize] use the assistance of individuals, local organizations, state agencies and others interested in the identification and preservation of cultural properties;

         O. may issue, with the concurrence of the state archaeologist and the state historic preservation officer, permits for the examination or excavation of sites and the collection or removal of objects of antiquity or general scientific interest, where such sites or objects are located on state lands, to institutions [which] that the committee may deem to be properly qualified to conduct such examination, excavation or collection, subject to such rules [and regulations] as the committee may prescribe; provided that the examinations, excavations and collections are undertaken by reputable museums, universities, colleges or other historical, scientific or educational institutions or societies approved by the committee, with a view toward disseminating knowledge about cultural properties; and provided that a summary report of such investigations, containing relevant maps, documents, drawings and photographs, be submitted to the committee, which shall in turn submit the report to the appropriate agency or make other appropriate disposition of the report; and provided further that all specimens so collected shall be the property of New Mexico and that prior arrangements be made for the disposition of specimens derived from such investigations in an appropriate institution of the state or for loan of such specimens to qualified institutions in or out of the state;

         P. shall provide advice to the state historic preservation officer [in] of the historic preservation division and to the director of the museum resources division of the [office of] tourism and cultural affairs department on cultural properties; and

         Q. shall make, in conjunction with the historic preservation division, an annual report on its activities to the governor and the legislature. The report may contain recommendations for the more effective preservation of New Mexico's historic and cultural heritage."

    SECTION 37. Section 18-6-6 NMSA 1978 (being Laws 1969, Chapter 223, Section 6, as amended) is amended to read:

    "18-6-6. TOURISM AND CULTURAL AFFAIRS DEPARTMENT--POWERS AND DUTIES RELATING TO THE CULTURAL PROPERTIES ACT.--

         A. The tourism and cultural affairs department is responsible for administering, developing and maintaining all registered cultural properties in its ownership or custody.

         B. Unless other locations are deemed more appropriate by the committee, in consultation with the museum of New Mexico, because of the nature of the property involved, the tourism and cultural affairs department shall be the depository for all collections made under the provisions of the Cultural Properties Act and shall make available material from such collections to museums in and out of the state on the request of the governing bodies of those museums when, in the opinion of the department, such use is appropriate and when arrangements are made for the safe custodianship and public exhibition of the material in accordance with department rules. The museum of New Mexico shall maintain a record of the location of all such collections.

         C. The tourism and cultural affairs department may seek and accept gifts, donations and grants, subject to the provisions of Subsection B of Section 18-6-7 NMSA 1978, to be used to acquire, preserve or restore registered cultural properties.

         D. The tourism and cultural affairs department may acquire by gift, purchase or, if no other means of acquisition are available, condemnation any cultural property or interest therein sufficient to preserve such property. Cultural properties so acquired shall be administered by the department or other appropriate state agencies in accordance with Subsections A and B of this section.

         E. The tourism and cultural affairs department may enter into agreements with the committee to provide assistance in carrying out the duties of the committee."

    SECTION 38. Section 18-6-7 NMSA 1978 (being Laws 1969, Chapter 223, Section 7, as amended) is amended to read:

    "18-6-7. HISTORIC PRESERVATION DIVISION--PLANNING--FISCAL ADMINISTRATION AND COOPERATION FOR PURPOSES OF THE CULTURAL PROPERTIES ACT.--

         A. The state historic preservation officer of the historic preservation division of the tourism and cultural affairs department shall, with the concurrence of the committee, prepare a long-range plan for the preservation of cultural properties, including but not limited to the identification, acquisition, restoration and protection of historic and cultural properties and the maintenance and expansion of statewide historic and prehistoric site databases.

         B. The historic preservation division shall administer funds that are received, controlled and disbursed for the purposes of the Cultural Properties Act, unless such funds are specifically granted or appropriated to another agency.

         C. Consistent with the Cultural Properties Act, the historic preservation division shall cooperate in all matters with the committee and other divisions of the tourism and cultural affairs department."

    SECTION 39. Section 18-6-8 NMSA 1978 (being Laws 1977, Chapter 246, Section 38, as amended) is amended to read:

    "18-6-8. STATE HISTORIC PRESERVATION OFFICER--APPOINTMENT--QUALIFICATIONS--DUTIES.--

         A. The "historic preservation division" is created within the tourism and cultural affairs department.

         B. The state historic preservation officer shall be the director of the division and shall be hired by the secretary of tourism and cultural affairs with the consent of the governor. The position's qualifications shall be consistent with but not limited to the following:

             (1) a graduate degree in American history, anthropology, architecture or historic preservation;

             (2) at least five years of professional experience in American history, anthropology, architecture or historic preservation or any combination of these; or

             (3) a substantial contribution through research and publication to the body of scholarly knowledge in the field of American history, anthropology, architecture or historic preservation or any combination of these.

         C. The state historic preservation officer shall administer the Cultural Properties Act, including but not limited to being administrative head of all Cultural Properties Act functions assigned to the historic preservation division by law or executive order. In addition, the state historic preservation officer shall coordinate all duties performed by, and cooperate with, the committee, the secretary of tourism and cultural affairs and any other entities, public or private, involved with cultural properties.

         D. The state historic preservation officer, in conjunction with the secretary of tourism and cultural affairs:

             (1) shall provide staff to the committee;

             (2) shall maintain the state register of cultural properties;

             (3) may fund historic site surveys and may fund restorations;

             (4) shall administer historic preservation tax benefit programs; and

             (5) shall review state undertakings to determine their effect upon significant historic properties."

    SECTION 40. Section 18-6-15 NMSA 1978 (being Laws 1969, Chapter 223, Section 13, as amended) is amended to read:

    "18-6-15. STATE ARCHAEOLOGIST.--The state archaeologist in the tourism and cultural affairs department is designated as "state archaeologist" for the purposes of the Cultural Properties Act. The state archaeologist shall be professionally recognized in the discipline of archaeology, shall have achieved recognition for accomplishments in [his] the state archaeologist's field in the American southwest and shall have a specialized knowledge of New Mexico."

    SECTION 41. Section 18-6-20 NMSA 1978 (being Laws 1987, Chapter 7, Section 3, as amended) is amended to read:

    "18-6-20. DEFINITIONS.--As used in the Historic Preservation Loan Act:

         A. "committee" means the cultural properties review committee;

         B. "division" means the historic preservation division of the tourism and cultural affairs department;

         C. "fund" means the historic preservation loan fund;

         D. "property owner" means the sole owner, joint owner, owner in partnership or corporate owner of a registered cultural property. As used in this subsection, the term "property owner" includes the owner of a leasehold interest in a registered cultural property, if the term of the lease is not less than nineteen years; and

         E. "registered cultural property" means a site, structure, building or object entered in the state register of cultural properties or the national register of historic places or both."

    SECTION 42. Section 18-6-25 NMSA 1978 (being Laws 2007, Chapter 299, Section 2 and Laws 2007, Chapter 300, Section 2) is amended to read:

    "18-6-25. DEFINITIONS.--As used in the Reburial Grounds Act:

         A. "department" means the tourism and cultural affairs department;

         B. "descendant group" means persons demonstrably related to the remains by consanguinity, family affiliation, clan or direct historical association and includes a Native American nation, band, tribe or pueblo in New Mexico;

         C. "funerary object" means an object or artifact associated with a human burial;

         D. "reburial grounds" means state or federal land set aside pursuant to the Reburial Grounds Act that secures and preserves unmarked graves for remains not claimed by a descendant group;

         E. "remains" means a human body, skeletal remains or mummified remains discovered during construction and other projects or exposed through erosion, excavation or accident or other means on state, federal and private lands and includes a funerary object or artifact associated with the remains; and

         F. "state land" means property owned, controlled or operated by a department, agency, institution or political subdivision of the state."

    SECTION 43. Section 18-6A-2 NMSA 1978 (being Laws 1993, Chapter 176, Section 2, as amended) is amended to read:

    "18-6A-2. DEFINITIONS.--As used in the Cultural Properties Protection Act:

         A. "committee" means the cultural properties review committee;

         B. "cultural property" means a structure, place, site or object having historic, archaeological, scientific, architectural or other cultural significance;

         C. "division" means the historic preservation division of the tourism and cultural affairs department;

         D. "fund" means the cultural properties restoration fund;

         E. "interpretation" means the inventory, registration, mapping and analysis of cultural properties and public educational programs designed to prevent the loss of cultural properties;

         F. "officer" means the state historic preservation officer;

         G. "preservation" means sustaining the existing form, integrity and material of a cultural property or the existing form and vegetative cover of a cultural property and may include protective maintenance or stabilization where necessary in the case of archaeological sites;

         H. "professional survey" means an archaeological or architectural survey;

         I. "protection" means safeguarding the physical condition or environment of a cultural property from deterioration or damage caused by weather or other natural, animal or human intrusions;

         J. "restoration" means recovering the general historic appearance of a cultural property or the form and details of an object or structure by removing incompatible natural or human-caused accretions and replacing missing elements as appropriate;

         K. "stabilization" means reestablishing the structural stability or weather-resistant condition of a cultural property or arresting deterioration that may lead to structural failure;

         L. "state agency" means a department, agency, institution or political subdivision of the state; and

         M. "state land" means property owned, controlled or operated by a state agency."

    SECTION 44. Section 18-7-1 NMSA 1978 (being Laws 1978, Chapter 72, Section 1, as amended) is amended to read:

    "18-7-1. MUSEUM OF SPACE HISTORY DIVISION--CREATION.-- The "museum of space history division" is created within the tourism and cultural affairs department. The principal facility of the division is the "museum of space history" located in Alamogordo. The site shall be held in the name of the state."

    SECTION 45. Section 18-7-4 NMSA 1978 (being Laws 1978, Chapter 72, Section 4, as amended) is amended to read:

    "18-7-4. DIRECTOR--EMPLOYMENT.--The director of the museum of space history division shall be hired by the secretary of tourism and cultural affairs."

    SECTION 46. Section 18-8-3 NMSA 1978 (being Laws 1989, Chapter 13, Section 3, as amended) is amended to read:

    "18-8-3. DEFINITIONS.--As used in the New Mexico Prehistoric and Historic Sites Preservation Act:

         A. "corporation" means a nonprofit corporation, formally recognized as tax exempt under Section 501(c)3 of the Internal Revenue Code of 1986, whose declared purposes include the investigation, preservation or conservation of significant prehistoric or historic sites;

         B. "division" means the historic preservation division of the tourism and cultural affairs department; and

         C. "significant prehistoric or historic sites" means properties listed in the state register of cultural properties or national register of historic places."

    SECTION 47. Section 18-11-3 NMSA 1978 (being Laws 1991, Chapter 48, Section 3, as amended) is amended to read:

    "18-11-3. DEFINITIONS.--As used in the Farm and Ranch Heritage Museum Act:

         A. "board" means the board of the farm and ranch heritage museum;

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

         C. "division" means the farm and ranch heritage museum division of the tourism and cultural affairs department;

         D. "farm and ranch" means that which pertains to the field of agriculture and the various industries that affect agriculture, including but not limited to agronomy, livestock management, veterinary medicine, agricultural nutrition and other related agricultural businesses and sciences; and

         E. "museum" means the principal facility of the division, including all real and personal property of the division."

    SECTION 48. Section 18-11-4 NMSA 1978 (being Laws 1991, Chapter 48, Section 4, as amended) is amended to read:

    "18-11-4. DIVISION CREATED--OPERATION--LOCATION--PROPERTY.--

         A. The "farm and ranch heritage museum division" is created within the tourism and cultural affairs department.

         B. The "farm and ranch heritage museum" shall be located on the campus of New Mexico state university in Dona Ana county.

         C. 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 tourism and cultural affairs department.

         D. Funds or other property received by gift, endowment or legacy shall remain under the control of the tourism and cultural affairs department and shall, upon acceptance, be employed for the purpose specified."

    SECTION 49. Section 18-12-2 NMSA 1978 (being Laws 1993, Chapter 42, Section 2, as amended) is amended to read:

    "18-12-2. DEFINITIONS.--As used in the National Hispanic Cultural Center Act:

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

         B. "center" means the national Hispanic cultural center;

         C. "division" means the Hispanic cultural division of the tourism and cultural affairs department; and

         D. "director" means the director of the division."

    SECTION 50. Section 18-12-3 NMSA 1978 (being Laws 1993, Chapter 42, Section 3, as amended) is amended to read:

    "18-12-3. HISPANIC CULTURAL DIVISION--CREATION--PROPERTY.--

         A. The "Hispanic cultural division" is created within the tourism and cultural affairs department. The principal facility of this division shall be known as the "national Hispanic cultural center".

         B. All property, real or personal, now held or subsequently acquired for the operation of the center 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 51. [NEW MATERIAL] SHORT TITLE.--Sections 51 through 58 of this act may be cited as the "African American Cultural Center Act".

    SECTION 52. [NEW MATERIAL] DEFINITIONS.--As used in the African American Cultural Center Act:

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

         B. "center" means the African American performing arts center;

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

         D. "division" means the African American cultural division of the tourism and cultural affairs department; and

         E. "secretary" means the secretary of tourism and cultural affairs.

    SECTION 53. [NEW MATERIAL] AFRICAN AMERICAN CULTURAL DIVISION--CREATION--PROPERTY.--

         A. The "African American cultural division" is created within the tourism and cultural affairs department. The principal facility of the division shall be known as the "African American performing arts center".

         B. All property, real or personal, now held or subsequently acquired for the operation of the center 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 54. [NEW MATERIAL] BOARD OF DIRECTORS-- CREATED--APPOINTMENT--TERMS--OFFICERS.--

         A. The "board of directors of the African American performing arts center" is created. The board shall consist of fifteen residents of New Mexico appointed by the governor with the advice and consent of the senate. Two of the appointees shall be employees of state institutions of higher education or appropriate state agencies. In making the appointments, the governor shall give due consideration to:

             (1) the ethnic, economic and geographic diversity of the state;

             (2) individuals who have demonstrated an awareness of and support for traditional and contemporary African American culture, arts and humanities, including a strong knowledge of New Mexico's African American history; and

             (3) individuals who are knowledgeable in the areas of African American performing and visual arts and oral traditions; genealogy; family issues; education; business; or administration.

         B. Of the initial appointees, five members shall be appointed for four-year terms, five members shall be appointed for three-year terms and five 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. A 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 provision of the African American Cultural Center 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.

         F. The governor shall designate the president of the board, who shall serve in that capacity at the pleasure of the governor.

    SECTION 55. [NEW MATERIAL] BOARD--POWERS AND DUTIES.--The board shall:

         A. exercise trusteeship over the collections of the center;

         B. accept and hold title to all property for the center's use;

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

         D. enter into agreements or contracts with public or private organizations or agencies or with individuals for the purpose of obtaining real or personal property for the center's use;

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

         F. adopt such regulations as may be necessary to carry out the provisions of the African American Cultural Center Act; and

         G. establish the policy, determine the mission and direct the development of the center.

    SECTION 56. [NEW MATERIAL] DIRECTOR--APPOINTMENT--

QUALIFICATIONS.--

         A. The director shall be appointed by the secretary, with the approval of the governor, from a list of qualified finalists provided by the board.

         B. Subject to the authority of the secretary, the director shall be the administrative and executive officer of the division. The director shall be exempt from the provisions of the Personnel Act.

    SECTION 57. [NEW MATERIAL] DIRECTOR--POWERS AND DUTIES.--Subject to the policies agreed to by the board, the director:

         A. shall be responsible for the administration of the division and for the operation of the center, in accordance with all appropriate statutes and regulations;

         B. shall develop exhibits and programs displaying African American culture, arts and humanities for the benefit of the public and with particular concern for the interests of the schools in the state;

         C. shall acquire, by donation or other means of acquisition, collections and related materials appropriate to an African American performing arts center and shall direct research as is appropriate to render the collections beneficial to the public;

         D. shall employ such professional staff and other employees as are necessary for the operation of the center 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 center;

         F. may enter into contracts with public or private organizations or agencies or with individuals for the performance of services related to the location, preservation, development, study or salvage of African American cultural 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 center;

         H. may impose and collect admission fees and conduct retail sales as are normal for the operation of the center;

         I. shall perform other appropriate duties as may be delegated by the governor, by the secretary or the secretary's successor or by the board, or as may be provided by law;

         J. may publish journals, books, reports and other materials as are appropriate to the operation of the center; and

         K. 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.

    SECTION 58. [NEW MATERIAL] BOARD--COMPENSATION.--The members of the board are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

    SECTION 59. Section 18-14-3 NMSA 1978 (being Laws 2003, Chapter 250, Section 3, as amended) is amended to read:

    "18-14-3. MUSEUM--LOCATION--PROPERTY.--

         A. The "New Mexico film museum" is created within the tourism and cultural affairs department. The museum shall be located in Santa Fe.

         B. 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.

         C. 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 60. Section 18-15-2 NMSA 1978 (being Laws 2007, Chapter 83, Section 2) is amended to read:

    "18-15-2. DEFINITIONS.--As used in the Rural Library Development Act:

         A. "division" means the library division of the tourism and cultural affairs department; and

         B. "rural library" means a public library in a municipality or unincorporated village, [tribes, Indian nations, pueblos] a tribe, an Indian nation, a pueblo or a community with a population of less than fifteen thousand as determined by the latest federal decennial census."

    SECTION 61. Section 18-16-2 NMSA 1978 (being Laws 2009, Chapter 13, Section 2) is amended to read:

    "18-16-2. DEFINITIONS.--As used in the Music Commission Act:

         A. "commission" means the music commission;

         B. "department" means the tourism and cultural affairs department; and

         C. "division" means the arts division of the department."

    SECTION 62. Section 18-17-2 NMSA 1978 (being Laws 2009, Chapter 33, Section 2) is amended to read:

    "18-17-2. DEFINITIONS.--As used in the Veterans Museum Act:

         A. "board" means the board of trustees of the museum;

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

         C. "division" means the veterans museum division of

the tourism and cultural affairs department;

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

         E. "secretary" means the secretary of tourism and cultural affairs."

    SECTION 63. Section 18-17-3 NMSA 1978 (being Laws 2009, Chapter 33, Section 3) is amended to read:

    "18-17-3. VETERANS MUSEUM DIVISION CREATED--LOCATION--PROPERTY.--

         A. The "veterans museum division" is created in the tourism and cultural affairs department. The principal facility of the division is the "New Mexico veterans museum" located in Las Cruces. 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 64. Section 21-2-6 NMSA 1978 (being Laws 1978, Chapter 54, Section 1, as amended) is amended to read:

    "21-2-6. STATEWIDE PLANNING--PARTICIPATING AGENCIES AND PERSONS.--

         A. The state commission in carrying out its planning activities for post-secondary education shall consult with and invite the active participation of:

             (1) representatives of post-secondary educational institutions of the several types enumerated in Paragraph (2) of Subsection A of Section 21-2-2 NMSA 1978;

             (2) the public education commission;

             (3) the public education department;

             (4) representatives of public and private elementary and secondary schools;

             (5) the secretary of [labor] workforce solutions;

             (6) the tourism and cultural affairs department;

             (7) the apprenticeship council;

             (8) the economic development department;

             (9) the state advisory council on vocational education;

             (10) the secretary of finance and administration or the secretary's designee;

             (11) persons familiar with the education needs of persons with a disability and persons disadvantaged by economic, racial or ethnic status;

             (12) representatives of business, industry, organized labor and agriculture;

             (13) the general public; and

             (14) private in-state post-secondary institutions.

         B. Whenever the planning activities carried out under the provisions of Section 21-2-5 NMSA 1978 are concerned with the types of post-secondary education enumerated in Subparagraphs (a) through (e) of Paragraph (1) of Subsection A of Section 21-2-2 NMSA 1978, the state commission shall directly involve the public education commission and the public education department in all planning activities."

    SECTION 65. Section 67-3-17 NMSA 1978 (being Laws 1967, Chapter 20, Section 2, as amended) is amended to read:

    "67-3-17. SNOW REMOVAL FROM DESIGNATED SKIING AREA PARKING FACILITIES.--The state transportation commission is hereby authorized and empowered to remove any snow that it deems to be an obstacle to the parking of motor vehicles at any parking area that serves a skiing area. If the parking area is on lands owned by or leased from the state, municipal, county or federal government, the cost of snow removal shall be borne by the state as in the case of road maintenance. If the parking facilities are on private lands, the person in control of the skiing area shall be liable for the payment of such sum, not less than actual cost, as the state transportation commission decides to be the reasonable value of such snow removal. For the purposes of this section, the phrase "skiing area" shall mean any lands or areas used for the sport of skiing and recognized by the tourism and cultural affairs department as a tourist attraction."

    SECTION 66. Section 67-16-3 NMSA 1978 (being Laws 1985, Chapter 23, Section 3, as amended) is amended to read:

    "67-16-3. DEFINITIONS.--As used in the Litter Control and Beautification Act:

         A. "keep America beautiful system" means a comprehensive program to improve waste handling practices and the control of litter;

         B. "keep New Mexico beautiful, incorporated" is the statewide organization that is the official clearinghouse for beautification projects in the state;

         C. "council" means the litter control council;

         D. "department" means the tourism and cultural affairs department;

         E. "litter" means weeds, graffiti and all waste material, including disposable packages or containers, but not including the waste of the primary processes of mining, logging, sawmilling or farming;

         F. "person" means an individual, corporation, partnership, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary or representative or group of individuals or entities of any kind;

         G. "public place" means an area that is used or held out for use by the public, whether owned or operated by public or private interests; and

         H. "recycling" means the collection, separation or processing and return to the economic mainstream of raw materials or products that would otherwise become solid waste."

    SECTION 67. TEMPORARY PROVISION--TRANSFERS.--

         A. All functions, personnel, money, appropriations, records, files, furniture, equipment and other property of the cultural affairs department are transferred to the tourism and cultural affairs department.

         B. All functions, personnel, money, appropriations, records, files, furniture, equipment and other property of the tourism department are transferred to the tourism and cultural affairs department.

         C. All contractual obligations of the cultural affairs department are binding on the tourism and cultural affairs department.

         D. All contractual obligations of the tourism department are binding on the tourism and cultural affairs department.

         E. All statutory references to the cultural affairs department shall be deemed to be references to the tourism and cultural affairs department.

         F. All statutory references to the tourism department shall be deemed to be references to the tourism and cultural affairs department.

         G. Any money remaining in the Fort Stanton development fund is transferred to the general fund.

    SECTION 68. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, PROPERTY, CONTRACTS AND REFERENCES IN LAW.--

         A. All personnel, appropriations, money, records, equipment, supplies and other property of the state fair commission and the New Mexico state fair specific to the African American performing arts center at the New Mexico state fairgrounds in Albuquerque in Bernalillo county are transferred to the tourism and cultural affairs department.         B. All contracts of the state fair commission and the New Mexico state fair relating to the African American performing arts center at the New Mexico state fairgrounds in Albuquerque in Bernalillo county are binding and effective on the tourism and cultural affairs department.

    SECTION 69. NEW MEXICO STATE FAIR AFRICAN AMERICAN PERFORMING ARTS CENTER ADDITION--CHANGE AGENCY--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the state fair commission in Subsection 1 of Section 16 of Chapter 92 of Laws 2008 for an addition to the African American performing arts center and exhibit hall at the New Mexico state fairgrounds in Albuquerque in Bernalillo county is appropriated to the tourism and cultural affairs department for that purpose. The time of expenditure is extended through fiscal year 2014.

    SECTION 70. NEW MEXICO STATE FAIR AFRICAN AMERICAN PERFORMING ARTS CENTER GROUNDS--CHANGE AGENCY--EXTEND TIME--GENERAL FUND.--The unexpended balance of the appropriation to the state fair commission in Laws 2008, Chapter 92, Section 49 to plan, design and landscape the grounds at the African American performing arts center at the New Mexico state fairgrounds in Albuquerque in Bernalillo county is appropriated to the tourism and cultural affairs department for that purpose. The time of expenditure is extended through fiscal year 2014.

    SECTION 71. REPEAL.--

         A. The Fort Stanton development commission and fund, Sections 9-6-12 through 9-6-14 NMSA 1978 (being Laws 2003, Chapter 126, Sections 1 through 3) are repealed.

         B. The Tourism Department Act, Sections 9-15A-1 through 9-15A-11 NMSA 1978 (being Laws 1991, Chapter 21, Sections 1 through 4; Laws 2003, Chapter 299, Section 1; Laws 1991, Chapter 21, Sections 5 through 7; Laws 1996, Chapter 25, Section 1; Laws 1993, Chapter 101, Sections 10 and 11; and Laws 2007, Chapter 286, Sections 2 and 3 and Laws 2007, Chapter 287, Sections 2 and 3, as amended) is repealed.

         C. The New Mexico artisans business development program, Section 9-15-35 NMSA 1978 (being Laws 1991, Chapter 27, Section 1) is repealed.

    SECTION 72. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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