44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CULTURAL AFFAIRS; CHANGING THE NAME OF THE NEW MEXICO HISPANIC CULTURAL CENTER TO THE NATIONAL HISPANIC CULTURAL CENTER OF NEW MEXICO.

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

Section 1. Section 18-12-1 NMSA 1978 (being Laws 1993, Chapter 42, Section 1) is amended to read:

"18-12-1. SHORT TITLE.--[Sections 1 through 8 of this act] Chapter 18, Article 12 NMSA 1978 may be cited as the "[New Mexico] National Hispanic Cultural Center of New Mexico Act"."

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

"18-12-2. DEFINITIONS.--As used in the [New Mexico] National Hispanic Cultural Center of New Mexico Act:

A. "board" means the board of directors of the [New Mexico Hispanic cultural] center;

B. "center" means the [New Mexico] national Hispanic cultural center of New Mexico;

C. "division" means the Hispanic cultural division of the office of cultural affairs [or its successor agency]; and

D. "executive director" means the executive director of the [Hispanic cultural] division."

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

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

A. The "Hispanic cultural division" is created within the office of cultural affairs [or its successor agency]. A principal facility of this division shall be known as the "[New Mexico] national Hispanic cultural center of New Mexico".

B. All property, real or personal, now held or subsequently acquired for the operation of the [New Mexico Hispanic cultural] 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 4. Section 18-12-4 NMSA 1978 (being Laws 1993, Chapter 42, Section 4) is amended to read:

"18-12-4. BOARD OF DIRECTORS--CREATED--APPOINTMENT--TERMS--OFFICERS.--

A. The "board of directors of the [New Mexico] national Hispanic cultural center of New Mexico" 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 Hispanic culture, arts and humanities, including a strong knowledge of New Mexico Hispanic history; and

(3) individuals who are knowledgeable in the areas of Hispanic performing, visual and oral arts, genealogy, family issues, education, business and 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. Any member failing to attend three consecutive meetings after receiving proper notice shall be recommended for removal by the governor. The governor may also remove any member of the board for neglect of any duty required by law, for incompetency, for unprofessional conduct or for violating any provisions of the [New Mexico] National Hispanic Cultural Center of New Mexico Act. If a vacancy occurs on the board, the governor shall appoint another member to complete the unexpired term.

E. The executive 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."