2018 New Mexico Statutes
Chapter 18 - Libraries, Museums and Cultural Properties
Article 2 - State Library Commission
Section 18-2-7 - Construction of provisions of act.
The provisions of this act shall not divest any state, county, municipal or other governing board or agency of its control and supervision of any library under its jurisdiction, except as the provisions of this act apply to the control and management of the state library. Specifically, nothing herein is intended to alter or amend the provisions of Sections 18-1-1 through 18-1-12 NMSA 1978.
History: Laws 1941, ch. 129, § 5; 1941 Comp., § 3-806; 1953 Comp., § 4-11-6; Laws 1961, ch. 126, § 7.
Meaning of "this act". — The term "this act," referred to near the beginning of this section, first appears in Laws 1941, Chapter 129, which is presently compiled as 18-2-1, 18-2-5 and 18-2-6 NMSA 1978 and this section.
The term also appears in Laws 1961, Chapter 126, which is presently compiled as 18-2-1, 18-2-4, 18-2-5, 18-2-6, 22-9-7 to 22-9-10 and 22-9-12 NMSA 1978 and this section.
Conflict with federal law. — This section, which has a limiting effect on 18-2-4 NMSA 1978, is in conflict with the requirements of the federal Library Services and Construction Act, § 203(a), (Pub. L. No. 269, 88th Cong., 2nd Sess., Feb. 11, 1964 (repealed in 1996)), if the boards or agencies that control the local public libraries of New Mexico have a different policy of supervision than that required by the Library Services and Construction Act. 1964 Op. Att'y Gen. No. 64-51.
The limitation expressly defined by this section conflicts with Section 130.3(b) of the proposed regulations to the federal Library Services and Construction Act (repealed in 1996), which provides that to the extent that locally controlled public libraries participate in a plan for services or construction, their administration of activities under such a plan must be under the supervision of the state agency. 1964 Op. Att'y Gen. No. 64-51.
And resolution thereof. — The conflicts between this section and the Library Services and Construction Act, § 203, (Pub. L. No. 269, 88th Cong., 2nd Sess., Feb. 11, 1964 (repealed in 1996)) and § 130.3(b) of the proposed regulations under the federal act can be resolved by a contractual arrangement whereby the local public libraries agree to divest themselves of control and supervision to the extent that the New Mexico plan may be approved under the Library Services and Construction Act, § 203. 1964 Op. Att'y Gen. No. 64-51.
