New Mexico Arts Statutes

New Mexico Statutes Annotated (NMSA)

ARTICLE 5
Arts Commission and Division

18-5-1. Findings; declaration.

The legislature finds and declares:

  1. that many people in this state lack the opportunity to view, enjoy or participate in living theatrical performances, musical concerts, operas, dance and ballet recitals, art exhibits, examples of fine architecture and the performing and visual arts, generally;
  2. that many people in this state possess talents of an artistic and creative nature which cannot be utilized to their fullest extent under existing conditions;
  3. that the general welfare of the people of this state will be promoted by giving further recognition to the arts as a vital part of our culture and heritage and as an important means of expanding the scope of our educational program; and
  4. that increased activity in the arts will increase employment by encouraging the production of artistic events in various communities of this state, thus utilizing the talents and services of many local citizens.

History: 1953 Comp., § 4-23-1, enacted by Laws 1965, ch. 138, § 1.

18-5-2. Definitions.

As used in Chapter 18, Article 5 NMSA 1978:

  1. "commission" means the New Mexico arts commission;
  2. "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;
  3. "director" means the executive head of the division;
  4. "division" means the arts division of the cultural affairs department; and
  5. "interpretative arts" means the act of interpreting the creative arts, including 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.

History: 1953 Comp., § 4-23-2, enacted by Laws 1978, ch. 70, § 1; 1980, ch. 151, § 30; 2004, ch. 25, § 25.

18-5-3. Commission; creation; members; terms; compensation.

  1. There is created the "New Mexico arts commission."
  2. The commission is composed of fifteen members, appointed by the governor. Members shall be broadly representative of all fields of the creative and interpretative arts.
  3. Members of the commission shall be residents of this state and shall be persons who are widely known for their professional competence and experience in connection with the creative or interpretative arts.
  4. Members of the commission shall initially be appointed for terms as follows: five members shall be appointed for terms of one year, five members shall be appointed for terms of two years and five members shall be appointed for terms of three years. The first members of the commission shall be appointed on or before September 1, 1965, with the date of office of all these members to commence on the same day. After the expiration of the initial terms, all members shall be appointed for terms of three years. Vacancies resulting from the death or resignation of a member shall be filled by appointment for the unexpired portion of the term of the member creating the vacancy.
  5. Members of the commission shall receive per diem and mileage as provided for nonsalaried public employees in the Per Diem and Mileage Act [10-8-1 NMSA 1978] and shall receive no other compensation, perquisite or allowance.

History: 1953 Comp., § 4-23-3, enacted by Laws 1978, ch. 70, § 2.

18-5-4. Commission; officers; meetings.

  1. Annually, at the November meeting, the commission as a whole shall organize by the nomination, election and installation of a vice chairman and a secretary of the commission. The chairman of the commission, to be appointed by the governor, will take office at this time.
  2. The commission shall hold at least four meetings in each calendar year.
  3. All meetings of the commission shall be open to the public.

History: 1953 Comp., § 4-23-4, enacted by Laws 1978, ch. 70, § 3.

18-5-5. Commission; duties.

  1. The commission will be advisory to the director of the arts division, to the state cultural affairs officer and to state government in general where not in conflict with other statutory agencies. The governor will receive general counsel on the arts from the commission and from the division.
  2. The commission will advise the director on all division policies, and the director shall provide the commission with all information requisite to such advice.
  3. The commission shall be consulted by the director before he approves, disapproves or modifies the distribution of federal and state program funds. The director shall provide the commission with all information requisite to such consultation.
  4. The director shall keep the commission informed of the fiscal affairs of the division, including budget requests, appropriations and disbursements.

History: 1953 Comp., § 4-23-5, enacted by Laws 1978, ch. 70, § 4; 1980, ch. 151, § 31.

18-5-6. Division; creation; director; appointment.

  1. The "arts division" is created within the cultural affairs department.
  2. Subject to the authority of the secretary of 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.

History: 1953 Comp., § 4-23-6, enacted by Laws 1978, ch. 70, § 5; 1980, ch. 151, § 32; 2004, ch. 25, § 26.

18-5-7. Division; powers; duties.

The powers and duties of the arts division of the office of cultural affairs shall be:

  1. to advise and assist public agencies in planning civic beautification;
  2. B. to foster appreciation for the fine arts;
  3. C. to make this state more appealing to the world;
  4. 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;
  5. 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 NMSA 1978. The division shall be empowered to 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 NMSA 1978;
  6. F. to make, through its director, rules and regulations necessary to administer the division and as provided by law; and
  7. G. to perform other duties as provided by law.

History: 1953 Comp., § 4-23-7, enacted by Laws 1978, ch. 70, § 6; 1980, ch. 151, § 33.

18-5-8, 18-5-9 Repealed.

ARTICLE 16
Music Commission

18-16-1. Short title.

This act may be cited as the "Music Commission Act".

History: Laws 2009, ch. 13, § 1.

18-16-2. Definitions.

As used in the Music Commission Act:

  1. "commission" means the music commission;
  2. "department" means the cultural affairs department; and
  3. "division" means the arts division of the department.

History: Laws 2009, ch. 13, § 2.

18-16-3. Music commission; created; members; terms; compensation.

  1. The "music commission" is created. The commission is administratively attached to the division.
  2. The commission is composed of fifteen members appointed by the governor. Members shall be residents of New Mexico, broadly representative of the various fields of music, and widely known for their professional competence and experience.
  3. Five members of the commission shall serve initial terms of one year, five members shall serve initial terms of two years and five members shall serve initial terms of three years as determined by the governor; thereafter, terms shall be for three years. A vacancy on the commission shall be filled by appointment by the governor for the unexpired portion of the term of the member creating the vacancy.
  4. The governor shall appoint the chairperson of the commission, and the commission may appoint other officers as it deems necessary to carry out the purposes of the Music Commission Act. The commission shall hold at least four meetings each calendar year.
  5. Members of the commission shall not receive any compensation, perquisite or allowance.

History: Laws 2009, ch. 13, § 3.

18-16-4. Music commission; duties.

The commission shall:

  1. advise the division, the department, other state agencies and the governor concerning the protection, promotion and preservation of music and the music industry in New Mexico;
  2. advise the division on music-related policies;
  3. advise and assist public agencies in elevating the role of music in New Mexico;
  4. foster appreciation of the value of music;
  5. make New Mexico a music destination for both visitors and music professionals;
  6. encourage the educational, creative and professional musical activities of the residents of New Mexico and attract outstanding musicians to New Mexico through appropriate programs of publicity, education and coordination and through direct activities, such as sponsorship of music;
  7. protect, promote and preserve the musical traditions of New Mexico; and
  8. accept on behalf of the state donations of money, property and other things of value as, in the division's discretion, are suitable and will best further the aims of the Music Commission Act.

History: Laws 2009, ch. 13, § 4.

ARTICLE 15
Economic Development Department

9-15-35. Program created; purposes.

  1. The "New Mexico artisans business development program" is created within the economic development and tourism department to promote, in conjunction with the arts division of the office of cultural affairs, the New Mexico artisans industry by establishing a greater demand for New Mexico artisans' wares and by providing technical and marketing assistance to New Mexico artisans.
  2. The purposes of the program shall include, but not be limited to, the following:
    1. establishment of a not-for-profit organization to carry out the objectives of the New Mexico artisans business development program;
    2. educational workshops and seminars in cooperation with the small business development centers for artisans to assist the centers in the development of their businesses and marketing of their wares;
    3. an assessment of a full range of marketing strategies for artisan wares and relating those wares to target markets;
    4. production of a promotional brochure of New Mexico artisans and their products;
    5. development and publishing of a marketing catalog of New Mexico artisans;
    6. establishment of a network of state and national distribution points and gift and trade shows for the promotion and export of New Mexico artisans' wares;
    7. development of a state and national marketing and exhibitions calendar;
    8. participation in state and national promotional shows by New Mexico artisans; and
    9. development of a marketing network with private-sector distributors, catalog producers and retailers.

History: Laws 1991, ch. 27, § 1.

ARTICLE 4A
Art in Public Places

13-4A-1. Short title.

This act [13-4A-1 to 13-4A-11 NMSA 1978] may be cited as the "Art in Public Places Act".

History: Laws 1986, ch. 11, § 1.

13-4A-2. Legislative declaration.

The legislature declares it to be a policy of the state that a portion of appropriations for capital expenditures be set aside for the acquisition or commissioning of works of art to be used in, upon or around public buildings.

History: Laws 1986, ch. 11, § 2.

13-4A-3. Definitions.

As used in the Art in Public Places Act:

  1. "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;
  2. "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;
  3. "contracting agency" means the agency having the control, management and power to enter into contracts for new construction or renovation of any public building;
  4. "division" means the arts division of the cultural affairs department;
  5. "public buildings" means those buildings under the control and management of the facilities management division of the general services department, the department of game and fish, the energy, minerals and natural resources department, the department of transportation, the state fair commission, the supreme court, the commissioner of public lands, the cultural affairs department, the governing boards of the state educational institutions and statutorily created post-secondary educational institutions, the 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
  6. "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 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.

History: Laws 1986, ch. 11, § 3; 1989, ch. 178, § 1; 2013, ch. 115, § 11.

13-4A-4. Allocation of construction costs.

  1. All agencies shall allocate as a nondeductible item an amount of money equal to one percent or two hundred thousand dollars ($200,000), whichever is less, of the amount of money appropriated for new construction or any major renovation exceeding one hundred thousand dollars ($100,000), to be expended for the acquisition and installation of works of art for the new building to be constructed or the building in which the major renovation is to occur.
  2. An amount of money equal to one percent or two hundred thousand dollars ($200,000), whichever is less, allocated from appropriations for new construction or major renovations of excluded structures pursuant to Subsection E of Section 3 [13-4A-3 NMSA 1978] of the Art in Public Places Act shall be accounted for separately and expended for acquisition and installation of art for existing public buildings. The division shall determine the amount, not to exceed fifty thousand dollars ($50,000), to be made available for the purchase of art in existing buildings in consultation with the contracting agency. The selection process for art for existing buildings shall follow guidelines established by the division pursuant to the Art in Public Places Act.

History: Laws 1986, ch. 11, § 4.

13-4A-5. Art in public places fund; creation.

There is created in the state treasury the "art in public places fund" which shall be administered by the division pursuant to the Art in Public Places Act.

History: Laws 1986, ch. 11, § 5; 1989, ch. 324, § 5.

13-4A-6. Works of art.

The works of art acquired pursuant to the Art in Public Places Act may be an integral part of the building, attached to the building, detached within or outside the structure or placed on public lands, part of a temporary exhibition or loaned or exhibited by the agency in other public facilities.

History: Laws 1986, ch. 11, § 6.

13-4A-7. Administration of the program.

The division shall determine the amount to be made available for the purchase of art, in consultation with the contracting agency responsible for the building to be constructed or renovated, and payments thereof shall be made in accordance with law. All agencies shall notify the division in writing upon legislative approval of construction budgets. One percent of the total appropriation for new construction or renovation of any building shall be deposited into the art in public places fund after the issuance of the appropriate bonds. If the entire one percent of the total funds appropriated for a particular building is not required for the project, the remainder shall accumulate in the art in public places fund and shall be accounted for separately and expended for the acquisition of art for existing buildings, as determined by the division. Any money remaining in the fund at the end of each fiscal year shall not revert but shall remain in the art in public places fund to be used to implement the purposes of the Art in Public Places Act.

History: Laws 1986, ch. 11, § 7.

13-4A-8. Artist selection.

The division shall establish guidelines for the art selection process. This process shall provide for participation from representatives of the contracting agency, the user agency, the division, the project architect, visual artists or design professionals and interested members of the community.

History: Laws 1986, ch. 11, § 8.

13-4A-9. Separate contracts.

Expenditures for works of art as provided in Section 7 [13-4A-7 NMSA 1978] of the Art in Public Places Act shall be contracted for separately from all other items in the new construction of the public building.

History: Laws 1986, ch. 11, § 9.

13-4A-10. Division; rules and regulations.

The selection, execution, placement and acceptance of works of art for a construction project shall be the responsibility of the division in consultation with the contracting agency. The division shall adopt rules and regulations to govern the selection, execution, placement and acceptance of the works of art to be acquired in accordance with this section and other rules, regulations and procedures necessary to implement the Art in Public Places Act. Administrative costs incurred by the division for the implementation of the Art in Public Places Act may be charged against the art in public places fund, provided that such costs have been properly budgeted and the budget has been approved by the state cultural affairs officer and the secretary of finance and administration.

History: Laws 1986, ch. 11, § 10.

13-4A-11. Maintenance.

The contracting agency or its designee is responsible for inventory, maintenance, repair and security of art work. Any maintenance or repair work shall be done in consultation with the division.

History: Laws 1986, ch. 11, § 11.