2018 New Mexico Statutes
Chapter 18 - Libraries, Museums and Cultural Properties
Article 3 - State Museums and Societies
Section 18-3-3 - Museum of New Mexico board of regents; powers and duties.

The museum board of regents shall:

A. elect from among its members a president and other officers deemed necessary by it;

B. establish museum of New Mexico policy and determine the mission and direct the development of the museum;

C. solicit funds for the purpose of developing, restoring and equipping the museum and its property and for the purchase of objects and works of art for its collections and for the development of exhibits and other public programs;

D. exercise trusteeship over the collections of the museum;

E. hold title to all property for museum use;

F. acquire objects of historical, archaeological and ethnological interest and works of fine art, folk art and craft of interest to the public and real property for museum use or benefit by purchase, donation and bequest;

G. adopt rules as appropriate governing:

(1) the loan of objects and exhibits to qualified institutions and agencies for the purpose of exhibition;

(2) gifts, donations or loans of exhibit or collection materials for the museum;

(3) the licensure of the museum's intellectual property; and

(4) other matters necessary to carry out the provisions of Chapter 18, Article 3 NMSA 1978;

H. enter into leases with public or private agencies or organizations for the use of museum premises or facilities as appropriate for periods that exceed forty-five days;

I. cooperate with other agencies and political subdivisions of municipal, state, tribal and federal governments and private organizations and individuals to the extent necessary to establish and maintain the museum and its programs;

J. subject to other provisions of law and excepting temporary statewide initiatives of the secretary of cultural affairs, impose admission fees to the museum facilities and programs; and

K. review annually the performance of its directors and report its findings to the secretary of cultural affairs.

History: 1953 Comp., § 4-12-34, enacted by Laws 1978, ch. 164, § 2; 1991, ch. 242, § 1; 2015, ch. 19, § 3.

Repeals and reenactments. — Laws 1978, Chapter 164 repeals 4-12-34, 1953 Comp., relating to compensation of members of the board of regents, effective March 31, 1978, and enacted a new section.

The 2015 amendment, effective July 1, 2015, amended the duties of the museum of New Mexico board of regents; in the catchline, added "Museum of New Mexico"; added new Subsection B and redesignated former Subsections B, C, D, E, F and G as Subsections C, D, E, F, G and H respectively; in Subsection C, after "solicit", deleted "and receive private", and after "museum", deleted "of New Mexico"; in Subsection F, after "acquire", deleted "preserve and exhibit"; at the beginning of Subsection G, added "adopt rules as appropriate governing:", designated the remaining language of Subsection G as Paragraph (1), and added "the" preceding "loan", and after "loan", added "of", and added new Paragraphs (2), (3) and (4); in Subsection H, after "enter into", deleted "contracts" and added "leases", after "for the", deleted "rental" and added "use", after "facilities", added "as appropriate", after the second occurrence of "for", deleted "the conduct of programs and activities in the public interest;" and added "periods that exceed forty-five days"; deleted former Subsection H relating to the power to enter into contracts; deleted former Subsection I relating to the power to publish and sell museum publications; and deleted Subsection J relating to the power to enter into agreements to obtain donations or collection materials for the museum; redesignated former Subsections K and L as Subsections I and J; in Subsection I, after "state", added "tribal"; in Subsection J, after "subject to", deleted "the provisions of Section 18-3-3.1 NMSA 1978" and added "other provisions of law and excepting temporary statewide initiatives of the secretary of cultural affairs"; deleted former Subsection M relating to the power to adopt rules and regulations; and added Subsection K.

The 1991 amendment, effective June 14, 1991, inserted "museum" in the introductory phrase; added "subject to the provisions of Section 18-3-3.1 NMSA 1978" at the beginning of Subsection L; and made minor stylistic changes in Subsections B and H.

Charging fees to finance program. — The Museum of New Mexico can charge participants in the Palace of the Governors Portal Vendor Program an annual admission fee to help finance the costs of the program. 1988 Op. Att'y Gen. No. 88-25.

Before the board of regents can adopt an amendment to the Palace of Governors Portal Vendor Program rules and regulations to impose a fee, the officer of cultural affairs or a hearing officer appointed by him, must conduct a public hearing in accordance with the provisions of 9-6-11 NMSA 1978 (now repealed). 1988 Op. Att'y Gen. No. 88-25.

If the Museum of New Mexico imposes a fee on the Palace of the Governors Portal Vendor Program participants, the museum must deposit the funds so generated with the state treasurer because the money is public money within the meaning of 6-10-3 NMSA 1978. 1988 Op. Att'y Gen. No. 88-25.