Laws for Libraries
Library Laws of New Mexico 2011
The New Mexico State Library makes no warranty as to the accuracy, timeliness, or completeness of the content on this page. This information is provided as a convenience and for informational purposes only.
This page includes general information about legal issues pertaining to libraries in the state of New Mexico. This guide is intended to be used for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You should contact a lawyer licensed in your jurisdiction for advice on specific legal issues pertaining to your library.
New Mexico Administrative Code
Chapter 3, Article 18- Powers of Municipalities
Municipal libraries; establishment; contract services; state publications; gifts and bequests.
3 Municipalities Article 31 Revenue Bonds
. Revenue bonds; authority to issue; pledge of revenues; limitation on time of issuance.
4 Counties, 36. Miscellaneous Powers of Counties
[County public library;] secretary of state to furnish publications.
. County libraries; establishment; contract services; gifts and bequests.
Chapter 4 Counties, Article 40. County Clerk,
To keep file of newspapers.
Chapter 4 Counties, Article 49 Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries
Bonds for remodeling and making additions.
. Legislative declaration; necessary public buildings and public projects.
. General obligation bonds; authority to issue.
Chapter 5 Municipalities and Counties Article 8 Land Development Fees and Rights
. Items not payable by fee.
Chapter 5 Municipalities and Counties Article 11 Public Improvement District
. Powers of a public improvement district.
Chapter 9 Executive Department Article 4A Cultural Affairs Department
Chapter 10 Public Officers and Employees Article 15 Open Meetings,
Formation of public policy; procedures for open meetings; exceptions and procedures for closed meetings.
State legislature; meetings.
Chapter 11 Intergovernmental Agreements and Authorities Article 2 Commission on Intergovernmental Cooperation
. [Duties of commission.]
Chapter 11 Intergovernmental Agreements and Authorities Article 6 New Mexico Community Assistance
Legislative findings and statement of purpose.
Chapter 12 Miscellaneous Public Affairs Matters Article 6 Audit Act
Chapter 14 Records, Rules, Legal Notices, Oaths Article 2 Inspection of Public Records
. Right to inspect public records; exceptions.
Chapter 14 Records, Rules, Legal Notices, Oaths Article 3 Public Records
Chapter 14 Records, Rules, Legal Notices, Oaths Article 3A
Donation of confidential material.
Chapter 14 Records, Rules, Legal Notices, Oaths Article 4 State Rules
Format of rules; filing; distribution.
Publication filing and distribution; official depository.
Documents not required to be filed with state library.
Law governing filing of agency rules, documents and publications.
14-4-10 State publications for sale or issue by state agencies; listing by state records administrator.
Chapter 18 Libraries, Museums and Cultural Properties Article 1 Supreme Court Law Library
Board of trustees; membership.
Supreme court law library board of trustees; chairman and secretary.
Power to prescribe rules and regulations.
Duties; purchase of books and management of affairs.
Law library board; publishing opinions of supreme court.
Librarian; appointment by board; custody of property.
Bond of librarian; approval.
Unauthorized removal of books or property; criminal liability of librarian.
Unlawful removal of books or property; penalty.
Liability for injury to books or property.
Trade, barter and exchange of books and periodicals; powers of board of trustees.
Chapter 18 Libraries, Museums and Cultural Properties ARTICLE 2 State Library Commission
State library commission created.
State library commission; duties.
Library division; creation; director.
Duties of the state librarian.
State publications; copies required.
State library administrative agency.
Construction of provisions of act.
Distribution system; limitation.
Certification of librarians.
Permanent professional certificate.
Applications; who may apply.
Libraries receiving public funds; compliance required.
List of certificated librarians.
Fund created; administration; purpose.
Chapter 18 Libraries, Museums and Cultural Properties Article 9 Library Privacy
Release of patron records prohibited.
Violations; civil liability.
Chapter 21 State and Private Education Institutions Article 1 General Provisions Relating to State Educational Institutions
Higher education department; additional duties.
Chapter 21 State and Private Education Institutions Article 2 Post-Secondary Educational Planning
Chapter 21 State and Private Education Institutions Article 7 University of New Mexico
Purpose [of Spanish resource center.]
Chapter 21 State and Private Education Institutions Article 25 Nonproprietary Out-of-State Institutions
Chapter 22 Public Schools Article 2 Education Department and Commission
Chapter 22 Public Schools Article 8b Charter Schools
Chapter 22 Public Schools Article 9 Federal Aid to Education
Federal grant-in-aid funds; custody; deposit; disbursement.
State educational authorities for federal grant administration.
Agencies for grants-in-aid; powers; duties.
Reports; federal funds; federal agencies; legislature.
Official notice of acceptance of federal acts for education and library service.
Chapter 22 Public Schools Article 15A Technology for Education
Chapter 22 Public Schools Article 15C School Library Materials
School library material fund; creation.
Administration of the school library material fund; bureau; duties.
Students eligible; distribution.
Distribution of money for school library material.
Sale or loss or return of school library material.
Record of school library material.
Chapter 30 Criminal Offenses Article 30 Gambling
Chapter 30 Criminal Offenses Article 37 Sexually Oriented Material Harmful to Minors
Offenses; motion pictures; plays.
Child solicitation by electronic communication device.
34-4-3 [Copies of reports of state officers, biennial budget and session laws transmitted to congressional library.]
Chapter 69 Mines Article 1 Creation of Bureaus Relating to Geology and Mines
Purposes and functions.
Sec. 3. [Tax-exempt property.]
The property of the United States, the state and all counties, towns, cities and school districts and other municipal corporations, public libraries, community ditches and all laterals thereof, all church property not used for commercial purposes, all property used for educational or charitable purposes, all cemeteries not used or held for private or corporate profit and all bonds of the state of New Mexico, and of the counties, municipalities and districts thereof shall be exempt from taxation.
Provided, however, that any property acquired by public libraries, community ditches and all laterals thereof, property acquired by churches, property acquired and used for educational or charitable purposes, and property acquired by cemeteries not used or held for private, or corporate profit, and property acquired by the Indian service and property acquired by the United States government or by the state of New Mexico by outright purchase or trade, where such property was, prior to such transfer, subject to the lien of any tax or assessment for the principal or interest of any bonded indebtedness shall not be exempt from such lien, nor from the payment of such taxes or assessments.
Exemptions of personal property from ad valorem taxation may be provided by law if approved by a three-fourths majority vote of all the members elected to each house of the legislature. (As amended November 3, 1914, November 5, 1946, and November 7, 1972.)
Sec. 10. [County indebtedness; restrictions.]
No county shall borrow money except for the following purposes:
A. erecting, remodeling and making additions to necessary public buildings;
B. constructing or repairing public roads and bridges and purchasing capital equipment for such projects;
C. constructing or acquiring a system for supplying water, including the acquisition of water and water rights, necessary real estate or rights-of-way and easements;
D. constructing or acquiring a sewer system, including the necessary real estate or rights-of-way and easements;
E. constructing an airport or sanitary landfill, including the necessary real estate;
F. acquiring necessary real estate for open space, open space trails and related areas and facilities; or
G. the purchase of books and other library resources for libraries in the county.
In such cases, indebtedness shall be incurred only after the proposition to create such debt has been submitted to the registered voters of the county and approved by a majority of those voting thereon. No bonds issued for such purpose shall run for more than fifty years. Provided, however, that no money derived from general obligation bonds issued and sold hereunder shall be used for maintaining existing buildings and, if so, such bonds shall be invalid. (As amended November 3, 1964, November 2, 1982, November 8, 1988 and November 5, 1996.)
This rule was filed as 1 NMAC 3.4.10.
TITLE 1 GENERAL GOVERNMENT ADMINISTRATION
CHAPTER 25 PUBLICATIONS AND MANUALS OF PROCEDURES
PART 10 PUBLICATIONS: FILING, DISTRIBUTION, FORMAT AND STYLE
188.8.131.52 ISSUING AGENCY: State Commission of Public Records - State Records Center and Archives and the State Library Division of the Cultural Affairs Department
[184.108.40.206 NMAC - Rp, 1 NMAC 220.127.116.11, 7/15/2010]
18.104.22.168 SCOPE: All state agencies
[22.214.171.124 NMAC - Rp, 1 NMAC 126.96.36.199, 7/15/2010]
188.8.131.52 STATUTORY AUTHORITY:
A. Section 14-3-21 NMSA 1978directs the state commission of public records to adopt and promulgate uniform standards of style and format for official reports of state agencies required by law.
B. Section 14-3-22 NMSA 1978 directs agencies to follow the uniform standards of style and format for certain publications prescribed by the state commission of public records.
C. Section 14-4-4 NMSA 1978directs agencies to file five copies of any publication issued by that agency with the state records center and archives.
D. Section 18-2-4 NMSA 1978directs the state librarian to establish and administer a library depository system for state documents and publications.
E. Section 18-2-4.1 NMSA 1978directs agencies to deposit at least 25 copies of all publications issued by that agency with the state documents depository clearinghouse at the state library.
[184.108.40.206 NMAC - Rp, 1 NMAC 220.127.116.11, 7/15/2010]
18.104.22.168 DURATION: Permanent
[22.214.171.124 NMAC - Rp, 1 NMAC 126.96.36.199, 7/15/2010]
188.8.131.52 EFFECTIVE DATE: July 15, 2010, unless a later date is cited at the end of a section.
[184.108.40.206 NMAC - Rp, 1 NMAC 220.127.116.11, 7/15/2010]
18.104.22.168 OBJECTIVE: To establish standards and procedures for filing, preserving and providing access to state publications and to reduce unnecessary expense to the taxpayers in connection with publications designed primarily for the purpose of reporting to, or informing, the governor, the legislature, other state agencies or the political subdivisions of this state.
[22.214.171.124 NMAC - Rp, 1 NMAC 126.96.36.199, 7/15/2010]
A. “Agency” means any agency, authority, board, bureau, commission, committee, department, institution or officer of state government except the judicial and legislative branches of state government.
B. “Depositories” means those libraries designated by the state library division to receive publications.
C. “Digital preservation” means policies, strategies and actions taken to ensure access to digitized and born digital content and the accurate rendering of authenticated content over time.
D. “Firewall”means computer hardware or software that prevents unauthorized access to private data by outside computer users.
E. “List of optional items”means that list generated by the state library division to identify those publications which have no retention requirements for depositories.
F. “Memorandum of agreement” means the official agreement between the state library and the library selected to be a depository.
G. “Memorandum of understanding” means an official agreement between the state library and any state agency.
H. “Metadata” means “data about data”; it is information that describes another set of data. Metadata is descriptive information that facilitates the management of and access to other information. Metadata may be generated automatically or created manually and it may be internal or external to the digital object itself. Regardless of how it is created or stored, maintaining accurate and reliable metadata is essential to the long-term preservation of electronic state publications.
I. “Publication” means any information published as an individual document at government expense or as required by law that is intended for public distribution. Such publications include but are not limited to pamphlets, reports, directories, catalogs, bibliographies, brochures or periodicals.
J. “Publications officer” means the person(s) designated to be responsible for distributing the publications of that agency to the state library division.
K. “Robots.txt file” meansa text file that stops search engines from crawling the website, selected pages in the site, or selected file types in the site.
L. “URL” means “uniform resource locator” or the address that servers connect to through the internet.
[188.8.131.52 NMAC - Rp, 1 NMAC 184.108.40.206, 7/15/2010]
220.127.116.11 FILING PUBLICATIONS: State agencies are required to deposit copies of all state publications intended for public distribution with the state library division within 30 days of publication. Publications may be deposited in any one of three formats: paper (Subsection A), electronic (Subsection B) or through an agency’s website (Subsection C).
A. Paper publications shall meet the minimum style and format requirements outlined in Subsection A of 18.104.22.168 NMAC. State agencies shall deposit 30 copies of each publication.
B. Electronic publications shall meet the minimum style and format requirements outlined in Subsections A and B of 22.214.171.124 NMAC. State agencies shall deposit an electronic copy in an approved format. The electronic copy shall be submitted to the state library division via one of the following approved delivery mechanisms:
(2) optical storage media; or
(3) file transfer protocol (FTP).
C. Internet publications shall meet the minimum style and format requirements outlined in Subsections A and B of 126.96.36.199 NMAC. State agencies that elect to publish through the internet shall:
(1) enter into a memorandum of understanding with the state library specifying the terms and conditions in which state publications will be retrieved from the internet for digital preservation and to ensure the minimum standards for internet publications are met;
(2) designatean appropriate contact person to be responsible for electronic state publications and to act as liaison with the state library;
(3) provide the state library with guaranteed access, at no charge, to the agency's internet publications; if a “robots.txt” file or similar device is used to prevent harvesting of a state agency site then that file shall include an exception for harvesting by state library's designated harvesting system;
(4) meet the metadata standards specified in Subsection E of 188.8.131.52 NMAC;
(5) provide access to publications by providing a link or series of links from the agency's primary URL; for publications accessible only by database searching or similar means, an alternative path such as a hidden link to a comprehensive site map shall be provided;
(6) meet the internet publishing requirements of the Americans with Disabilities Act of 1990 as amended; and
(7) leave the publication in its original format at a location on the agency's website for six months after its initial release to ensure that the publication has been collected by the state library.
D. State agencies digitizing older publications previously issued in paper shall provide a digitized copy in an approved format to the state library; the state library shall deliver a copy to the state records center and archives via an approved delivery mechanism.
[184.108.40.206 NMAC - Rp, 1 NMAC 220.127.116.11, 7/15/2010]
18.104.22.168 STYLE AND FORMAT:
A. State publications in all formats shall display at the beginning of the publication the title of the publication, name of the agency, publication date, physical address, email address and website URL.
B. Pages shall be numbered for identification.
C. Paper publications shall be printed on both sides of pages, back to back, head to head, and of a method which shall be at a minimum cost that is verifiable.
D. For publications available in electronic format, the approved electronic formats and their preferred order are:
(1) portable document format (PDF);
(3) hypertext markup language (HTML); and
(4) extensible markup language (XML).
E. State publicationsmade available by internet connection shall include the following descriptive metadata:
(1) name of the agency;
(2) publication date;
(3) title of the publication;
(4) a narrative description of the publication, and
(5) keyword, subject or selected terms from within the publication.
[22.214.171.124 NMAC - Rp, 1 NMAC 126.96.36.199, 7/15/2010]
188.8.131.52 DESIGNATION OF PUBLICATIONS OFFICER: Section 18-2-4.1 NMSA 1978 directs agencies to deposit copies of all publications issued by that agency with the state documents depository clearinghouse at the state library.
A. State agencies must have an approved publications officer on file with the state library. A publications officer shall be designated by the statutory head of the agency to distribute the publications of that agency to the state library division. If a memorandum of understanding exists between the state library division and a state agency, the publications officer(s) is responsible for complying with all terms of the memorandum of understanding.
B. The publications officer shall be re-appointed annually by the statutory head of the agency, using a form approved by the state librarian.
C. The form shall include but is not limited to the following: name and signature of the statutory head (agency head or cabinet secretary); name and signature of the publications officer; division or bureau (if acceptable); agency code; agency name and mailing address; fiscal year of designation; phone number; fax number and e-mail address.
D. If a publications officer leaves the employment of an agency or is released from these duties, the agency shall immediately notify the state library division regarding the change, and the agency head shall appoint a new publications officer.
[184.108.40.206 NMAC - Rp, 1 NMAC 220.127.116.11, 7/15/2010]
18.104.22.168 DEPOSITORY LIBRARIES: Subsection J of Section 18-2-4 NMSA 1978 directs the state librarian to establish and administer a library depository system for state documents and publications.
A. Depositories shall provide sufficient space in a public area to adequately house the state publications.
B. Depositories shall provide training to their staff to enable patrons to find and use publications.
C. Depositories shall provide access to the publications by author/agency, title, and subject.
D. Depositories shall provide appropriate technology to use publications regardless of physical format or characteristics.
E. Retention of publications by depositories shall be for at least five years from date of receipt, except as noted on the list of optional items. Disposal of optional items is up to the discretion of each depository.
F. Depositories shall accept all state publications entered into the depository system and sent to them.
G. Six months written notice is required for either the state library division or the depository library to terminate the memorandum or agreement.
H. Upon termination of depository status, depositories shall return all publications no longer desired to the state library division or to another depository, as specified by the state library division.
I. Failure to comply with Subsections A through G of 22.214.171.124 NMAC shall result in cancellation of depository status.
[126.96.36.199 NMAC - Rp, 1 NMAC 188.8.131.52, 7/15/2010]
HISTORY OF 1.25.10 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of Public Records - State Records Center and Archives:
SRCRule 72-1, Style and Format for Official Reports, filed 3/15/1972, by Commission of Public Records.
SRCRule 77-3, State Records Center and Archives, Style and Format for Certain Publications; filed 9/1/1977, by Commission of Public Records.
NMSLRule 79-1A, State Documents Depository Clearinghouse, February 1, 1979; filed 2/14/1979, by New Mexico State Library.
SRCRule No. 88-1, State Documents Depository Clearinghouse, filed 5/18/1988, by New Mexico State Library.
History of Repealed Material:
1 NMAC 3.4.10, Publications: Filing, Distribution, Format and Style Requirements, filed jointly 4/18/1997 by Commission of Public Records and New Mexico State Library - Repealed effective 7/15/2010 and replaced by 1.25.10 NMAC, Publications: Filing, Distribution, Format and Style, effective 7/15/2010.
1 NMAC 3.40, Publications: Filing, Distribution, Format and Style Requirements, filed 3/1/1995, replaced by
1 NMAC 3.4.10, Publications: Filing, Distribution, Format and Style Requirements, filed 4/18/1997 for NMAC renumbering purposes.
3-18-14. Municipal libraries; establishment; contract services; state publications; gifts and bequests. (1999)
A. A municipality 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 municipality for the purpose of establishing, increasing or improving the library. The governing body may apply the use, profit, proceeds, interests and rents accruing from such property in any manner that will best improve the library and its use.
B. After a public library is established, the secretary of state shall furnish to the public library a copy of any work subsequently published under his authority.
C. A municipality establishing a public library may enter into contracts and joint powers agreements with other municipalities, counties, local school boards, post-secondary educational institutions and the library division of the office of cultural affairs for the furnishing of library services. In the interest of establishing a county or regional library, a municipality may convey its library facilities to the county as part of a contract for furnishing library services to the inhabitants of the municipality by the county or regional library.
3-31-1. Revenue bonds; authority to issue; pledge of revenues; limitation on time of issuance.
In addition to any other law and constitutional home rule powers authorizing a municipality to issue revenue bonds, a municipality may issue revenue bonds pursuant to Chapter 3
, Article 31 NMSA 1978 for the purposes specified in this section. The term "pledged revenues", as used in Chapter 3
, Article 31 NMSA 1978, means the revenues, net income or net revenues authorized to be pledged to the payment of particular revenue bonds as specifically provided in Subsections A through J of this section.
A. Utility revenue bonds may be issued for acquiring, extending, enlarging, bettering, repairing or otherwise improving a municipal utility or for any combination of the foregoing purposes. The municipality may pledge irrevocably any or all of the net revenues from the operation of the municipal utility or of any one or more of other such municipal utilities for payment of the interest on and principal of the revenue bonds. These bonds are sometimes referred to in Chapter 3
, Article 31 NMSA 1978 as "utility revenue bonds" or "utility bonds".
B. Joint utility revenue bonds may be issued for acquiring, extending, enlarging, bettering, repairing or otherwise improving joint water facilities, sewer facilities, gas facilities or electric facilities or for any combination of the foregoing purposes. The municipality may pledge irrevocably any or all of the net revenues from the operation of these municipal utilities for the payment of the interest on and principal of the bonds. These bonds are sometimes referred to in Chapter 3
, Article 31 NMSA 1978 as "joint utility revenue bonds" or "joint utility bonds".
C. For the purposes of this subsection, "gross receipts tax revenue bonds" means gross receipts tax revenue bonds or sales tax revenue bonds. Gross receipts tax revenue bonds may be issued for any one or more of the following purposes:
(1) constructing, purchasing, furnishing, equipping, rehabilitating, making additions to or making improvements to one or more public buildings or purchasing or improving any ground relating thereto, including but not necessarily limited to acquiring and improving parking lots, or any combination of the foregoing;
(2) acquiring or improving municipal or public parking lots, structures or facilities or any combination of the foregoing;
(3) purchasing, acquiring or rehabilitating firefighting equipment or any combination of the foregoing;
(4) acquiring, extending, enlarging, bettering, repairing, otherwise improving or maintaining storm sewers and other drainage improvements, sanitary sewers, sewage treatment plants or water utilities, including but not necessarily limited to the acquisition of rights of way and water and water rights, or any combination of the foregoing;
(5) reconstructing, resurfacing, maintaining, repairing or otherwise improving existing alleys, streets, roads or bridges or any combination of the foregoing or laying off, opening, constructing or otherwise acquiring new alleys, streets, roads or bridges or any combination of the foregoing; provided that any of the foregoing improvements may include but are not limited to the acquisition of rights of way;
(6) purchasing, acquiring, constructing, making additions to, enlarging, bettering, extending or equipping airport facilities or any combination of the foregoing, including without limitation the acquisition of land, easements or rights of way therefor;
(7) purchasing or otherwise acquiring or clearing land or for purchasing, otherwise acquiring and beautifying land for open space;
(8) acquiring, constructing, purchasing, equipping, furnishing, making additions to, renovating, rehabilitating, beautifying or otherwise improving public parks, public recreational buildings or other public recreational facilities or any combination of the foregoing;
(9) acquiring, constructing, extending, enlarging, bettering, repairing, otherwise improving or maintaining solid waste disposal equipment, equipment for operation and maintenance of sanitary landfills, sanitary landfills, solid waste facilities or any combination of the foregoing; and
(10) acquiring, constructing, extending, bettering, repairing or otherwise improving a public transit system or regional transit systems or facilities.
The municipality may pledge irrevocably any or all of the gross receipts tax revenue received by the municipality pursuant to Section 7-1-6.4
NMSA 1978 to the payment of the interest on and principal of the gross receipts tax revenue bonds for any of the purposes authorized in this section or for specific purposes or for any area of municipal government services, including but not limited to those specified in Subsection C of Section 7-19D-9
NMSA 1978, or for public purposes authorized by municipalities having constitutional home rule charters. A law that imposes or authorizes the imposition of a municipal gross receipts tax or that affects the municipal gross receipts tax, or a law supplemental thereto or otherwise appertaining thereto, shall not be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding revenue bonds that may be secured by a pledge of such municipal gross receipts tax unless the outstanding revenue bonds have been discharged in full or provision has been fully made therefor.
Revenues in excess of the annual principal and interest due on gross receipts tax revenue bonds secured by a pledge of gross receipts tax revenue may be accumulated in a debt service reserve account. The governing body of the municipality may appoint a commercial bank trust department to act as trustee of the gross receipts tax revenue and to administer the payment of principal of and interest on the bonds.
D. As used in this section, the term "public building" includes but is not limited to fire stations, police buildings, municipal jails, regional jails or juvenile detention facilities, libraries, museums, auditoriums, convention halls, hospitals, buildings for administrative offices, city halls and garages for housing, repairing and maintaining city vehicles and equipment. As used in Chapter 3
, Article 31 NMSA 1978, the term "gross receipts tax revenue bonds" means the bonds authorized in Subsection C of this section, and the term "gross receipts tax revenue" means the amount of money distributed to the municipality as authorized by Section 7-1-6.4
NMSA 1978 or the amount of money transferred to the municipality as authorized by Section 7-1-6.12
NMSA 1978 for any municipal gross receipts tax imposed pursuant to the Municipal Local Option Gross Receipts Taxes Act [ 7-19D-1
NMSA 1978]. As used in Chapter 3
, Article 31 NMSA 1978, the term "bond" means any obligation of a municipality issued under Chapter 3
, Article 31 NMSA 1978, whether designated as a bond, note, loan, warrant, debenture, lease-purchase agreement or other instrument evidencing an obligation of a municipality to make payments.
E. Gasoline tax revenue bonds may be issued for laying off, opening, constructing, reconstructing, resurfacing, maintaining, acquiring rights of way, repairing and otherwise improving municipal buildings, alleys, streets, public roads and bridges or any combination of the foregoing purposes. The municipality may pledge irrevocably any or all of the gasoline tax revenue received by the municipality to the payment of the interest on and principal of the gasoline tax revenue bonds. As used in Chapter 3
, Article 31 NMSA 1978, "gasoline tax revenue bonds" means the bonds authorized in this subsection, and "gasoline tax revenue" means all or portions of the amounts of tax revenues distributed to municipalities pursuant to Sections 7-1-6.9
NMSA 1978, as from time to time amended and supplemented.
F. Project revenue bonds may be issued for acquiring, extending, enlarging, bettering, repairing, improving, constructing, purchasing, furnishing, equipping and rehabilitating any revenue-producing project, including, where applicable, purchasing, otherwise acquiring or improving the ground therefor, including but not necessarily limited to acquiring and improving parking lots, or for any combination of the foregoing purposes. The municipality may pledge irrevocably any or all of the net revenues from the operation of the revenue-producing project for which the particular project revenue bonds are issued to the payment of the interest on and principal of the project revenue bonds. The net revenues of any revenue-producing project may not be pledged to the project revenue bonds issued for a revenue-producing project that clearly is unrelated in nature; but nothing in this subsection shall prevent the pledge to such project revenue bonds of any revenues received from existing, future or disconnected facilities and equipment that are related to and that may constitute a part of the particular revenue-producing project. A general determination by the governing body that any facilities or equipment is reasonably related to and constitutes a part of a specified revenue-producing project shall be conclusive if set forth in the proceedings authorizing the project revenue bonds. As used in Chapter 3
, Article 31 NMSA 1978:
(1) "project revenue bonds" means the bonds authorized in this subsection; and
(2) "project revenues" means the net revenues of revenue-producing projects that may be pledged to project revenue bonds pursuant to this subsection.
G. Fire district revenue bonds may be issued for acquiring, extending, enlarging, bettering, repairing, improving, constructing, purchasing, furnishing, equipping and rehabilitating any fire district project, including where applicable purchasing, otherwise acquiring or improving the ground therefor, or for any combination of the foregoing purposes. The municipality may pledge irrevocably any or all of the revenues received by the fire district from the fire protection fund as provided in the Fire Protection Fund Law [ 59A-53-1
NMSA 1978] and any or all of the revenues provided for the operation of the fire district project for which the particular bonds are issued to the payment of the interest on and principal of the bonds. The revenues of any fire district project shall not be pledged to the bonds issued for a fire district project that clearly is unrelated in its purpose; but nothing in this section prevents the pledge to such bonds of any revenues received from existing, future or disconnected facilities and equipment that are related to and that may constitute a part of the particular fire district project. A general determination by the governing body of the municipality that any facilities or equipment is reasonably related to and constitutes a part of a specified fire district project shall be conclusive if set forth in the proceedings authorizing the fire district bonds.
H. Law enforcement protection revenue bonds may be issued for the repair and purchase of law enforcement apparatus and equipment that meet nationally recognized standards. The municipality may pledge irrevocably any or all of the revenues received by the municipality from the law enforcement protection fund distributions pursuant to the Law Enforcement Protection Fund Act [ 29-13-1
NMSA 1978] to the payment of the interest on and principal of the law enforcement protection revenue bonds.
I. Economic development gross receipts tax revenue bonds may be issued for the purpose of furthering economic development projects as defined in the Local Economic Development Act [ 5-10-1
NMSA 1978]. The municipality may pledge irrevocably any or all of the revenue received from the municipal infrastructure gross receipts tax to the payment of the interest on and principal of the economic development gross receipts tax revenue bonds for any of the purposes authorized in this subsection. A law that imposes or authorizes the imposition of a municipal infrastructure gross receipts tax or that affects the municipal infrastructure gross receipts tax, or a law supplemental to or otherwise pertaining to the tax, shall not be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding revenue bonds that may be secured by a pledge of the municipal infrastructure gross receipts tax unless the outstanding revenue bonds have been discharged in full or provision has been fully made for their discharge. As used in Chapter 3
, Article 31 NMSA 1978, "economic development gross receipts tax revenue bonds" means the bonds authorized in this subsection, and "municipal infrastructure gross receipts tax revenue" means any or all of the revenue from the municipal infrastructure gross receipts tax transferred to the municipality pursuant to Section 7-1-6.12
J. Municipal higher education facilities gross receipts tax revenue bonds may be issued for the purpose of acquisition, construction, renovation or improvement of facilities of a four-year post-secondary public educational institution located in the municipality and acquisition of or improvements to land for those facilities. The municipality may pledge irrevocably any or all of the revenue received from the municipal higher education facilities gross receipts tax to the payment of the interest on and principal of the municipal higher education facilities gross receipts tax revenue bonds. A law that imposes or authorizes the imposition of a municipal higher education facilities gross receipts tax or that affects the municipal higher education facilities gross receipts tax, or a law supplemental to or otherwise pertaining to the tax, shall not be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding revenue bonds that may be secured by a pledge of the municipal higher education facilities gross receipts tax unless the outstanding revenue bonds have been discharged in full or provision has been fully made for their discharge. As used in Chapter 3
, Article 31 NMSA 1978, "municipal higher education facilities gross receipts tax revenue bonds" means the bonds authorized in this subsection and "municipal higher education facilities gross receipts tax revenue" means any or all of the revenue from the municipal higher education facilities gross receipts tax transferred to the municipality pursuant to Section 7-1-6.12
K. Except for the purpose of refunding previous revenue bond issues, no municipality may sell revenue bonds payable from pledged revenues after the expiration of two years from the date of the ordinance authorizing the issuance of the bonds or, for bonds to be issued and sold to the New Mexico finance authority as authorized in Subsection C of Section 3-31-4
NMSA 1978, after the expiration of two years from the date of the resolution authorizing the issuance of the bonds. However, any period of time during which a particular revenue bond issue is in litigation shall not be counted in determining the expiration date of that issue.
4-36-1. [County public library;] secretary of state to furnish publications.
After a public library is established, the secretary of state shall furnish to the public library a copy of any work published under his authority.
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 cultural affairs for the furnishing of regional library services.
4-40-8. To keep file of newspapers.
It shall be the duty of each county clerk to receive and preserve every copy of the paper or papers so subscribed for and from time to time cause the same to be properly arranged and bound in volumes of convenient size and in a substantial manner, and said volumes, when bound, shall be kept in his office for the use of the courts, when needed, of strangers and the inhabitants of the county all of whom shall have access to the same at all times during office hours, free of charge. Provided, that in order to more permanently preserve and to make easily accessible valuable historical source material of state and local history, county clerks may upon the approval of the county commissioners make indefinite loans of the files of newspapers not in current demand, to libraries of state educational institutions, or to public libraries situated within the county. For his services in this behalf the county clerk shall receive the sum of ten dollars [($10.00)] for each volume, and for the neglect of the duties hereby imposed shall forfeit the sum of fifty dollars [($50.00)], to be recovered with costs in a civil action before any court.
4-49-1. Bonds for remodeling and making additions.
Bonds may be issued under the provisions of Sections 4-49-1
NMSA 1978 for the purpose of remodeling and making additions to necessary public buildings and for water, sewer or sanitary landfill systems and airports under the same conditions as provided for issuance of bonds for constructing them. Provided, however, that no money derived from general obligation bonds issued and sold under the provisions of Sections 4-49-1
NMSA 1978 shall be used for maintaining existing buildings, and, if used for that purpose, the bonds shall be invalid.
4-49-6. Legislative declaration; necessary public buildings and public projects.
The legislature declares that courthouses, jails, bridges, hospitals, public libraries, facilities for the holding of county fairs, cultural facilities, juvenile detention homes, athletic facilities, parking structures, administrative facilities, facilities for housing equipment, repairing equipment and servicing equipment and sewerage facilities are necessary public buildings, and the purchase of books or other library resources, construction or repair of public roads, construction and acquisition of water, sewer or sanitary landfill systems and airports are necessary public projects.
4-49-7. General obligation bonds; authority to issue.
The boards of county commissioners may issue the general obligation bonds of the county in any sum necessary, not greater than four percent, inclusive of all other bonded indebtedness, of the assessed value of the taxable property of the county, for the purpose of building courthouses, jails, bridges, hospitals, public libraries, facilities for the holding of county fairs, cultural facilities, purchasing books or other library resources, building juvenile detention homes, athletic facilities, parking structures, administrative facilities, facilities for housing equipment, repairing equipment and servicing equipment and sewerage facilities, constructing or repairing public roads and for construction and acquisition of water, sewer or sanitary landfill systems and airports.
5-8-5. Items not payable by fee.
Impact fees shall not be imposed or used to pay for:
A. construction, acquisition or expansion of public facilities or assets that are not capital improvements or facility expansions identified in the capital improvements plan;
B. repair, operation or maintenance of existing or new capital improvements or facility expansions;
C. upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or
D. upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;
E. administrative and operating costs of a municipality or county except as provided in Paragraph (4) of Subsection A of Section 4 [5-8-4 NMSA 1978] of the Development Fees Act;
F. principal payments or debt service charges on bonds or other indebtedness, except as allowed by Section 4 of the Development Fees Act; or
G. libraries, community centers, schools, projects for economic development and employment growth, affordable housing or apparatus and equipment of any kind, except capital improvements defined in Paragraph (3) of Subsection C [D] of Section 2 [5-8-2 NMSA 1978] of the Development Fees Act.
As used in the Public Improvement District Act [5-11-1 NMSA 1978]:
A. "clerk" means the clerk of the municipality or county, or any person appointed by the district board to be the district clerk pursuant to Section 6 [5-11-6 NMSA 1978] of the Public Improvement District Act;
B. "county" means a county that forms a public improvement district pursuant to the Public Improvement District Act in an unincorporated area or in an incorporated area with the municipality's consent;
C. "debt service" means the principal of, interest on and premium, if any, on the bonds, when due, whether at maturity or prior redemption and fees and costs of registrars, trustees, paying agents or other agents necessary to handle the bonds and the costs of credit enhancement or liquidity support;
D. "development agreement" means an agreement between a property owner or developer, the county or municipality, or district concerning the improvement of specific property within the district, which agreement may be used to establish obligations of the owner or developer, the county or municipality or the district concerning the zoning, subdivision, improvement, impact fees, financial responsibilities and other matters relating to the development, improvement and use of real property within a district;
E. "district" means a public improvement district formed pursuant to the Public Improvement District Act by a municipality or by a county in an unincorporated area or in an incorporated area with the municipality's consent;
F. "district board" means the board of directors of the district, which shall be comprised of members of the governing body, ex officio, or, at the option of the governing body, five directors appointed by the governing body of the municipality or county in which the district is located, until replaced by elected directors, which shall occur not later than six years after the date on which the resolution establishing the district is enacted, as provided in Section 9 [5-11-9 NMSA 1978] of the Public Improvement District Act;
G. "election" means an election held in compliance with the provisions of Sections 6 and 7 [5-11-6 and 5-11-7 NMSA 1978] of the Public Improvement District Act;
H. "enhanced services" means public services provided by a municipality or county within the district at a higher level or to a greater degree than otherwise available to the land located in the district from the municipality or county, including such services as public safety, fire protection, street or sidewalk cleaning or landscape maintenance in public areas. "Enhanced services" does not include the basic operation and maintenance related to infrastructure improvements financed by the district pursuant to the Public Improvement District Act [5-11-1 NMSA 1978];
I. "general plan" means the general plan described in Section 3 [5-11-3 NMSA 1978] of the Public Improvement District Act, as the plan may be amended from time to time;
J. "governing body" means the body or board that by law is constituted as the governing body of the municipality or county in which the public improvement district is located;
K. "municipality" means an incorporated city, village or town;
L. "owner" means:
(1) the person who is listed as the owner of real property in the district on the current property tax assessment roll in effect at the time that the action, proceeding, hearing or election has begun. For purposes of voting in elections held pursuant to the Public Improvement District Act, when the owner of record title is a married person, only one spouse in whose name title is held may vote at such election. Where record title is held in more than one name, each owner may vote the number of fractions of acres represented by his legal interest or proportionate share of and in the lands within the district;
(2) the administrator or executor of an estate holding record title to land within the district;
(3) the guardian of a minor or incompetent person holding record title to land within the district, appointed and qualified under the laws of the state;
(4) an officer of a corporation holding record title to land within the district, which officer has been authorized by resolution of the corporation's board of directors to act with respect to such land;
(5) the general partner of a partnership holding record title to land within the district; and
(6) the trustee of a trust holding record title to land within the district;
M. "public infrastructure improvements" means all improvements listed in this subsection and includes both on-site improvements and off-site improvements that directly or indirectly benefit the district. Such improvements include necessary or incidental work, whether newly constructed, renovated or existing, and all necessary or desirable appurtenances. "Public infrastructure improvements" includes:
(1) sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use and discharge;
(2) drainage and flood control systems, including collection, transport, diversion, storage, detention, retention, dispersal, use and discharge;
(3) water systems for domestic, commercial, office, hotel or motel, industrial, irrigation, municipal or fire protection purposes, including production, collection, storage, treatment, transport, delivery, connection and dispersal;
(4) highways, streets, roadways, bridges, crossing structures and parking facilities, including all areas for vehicular use for travel, ingress, egress and parking;
(5) trails and areas for pedestrian, equestrian, bicycle or other nonmotor vehicle use for travel, ingress, egress and parking;
(6) pedestrian malls, parks, recreational facilities and open space areas for the use of members of the public for entertainment, assembly and recreation;
(7) landscaping, including earthworks, structures, lakes and other water features, plants, trees and related water delivery systems;
(8) public buildings, public safety facilities and fire protection and police facilities;
(9) electrical generation, transmission and distribution facilities;
(10) natural gas distribution facilities;
(11) lighting systems;
(12) cable or other telecommunications lines and related equipment;
(13) traffic control systems and devices, including signals, controls, markings and signage;
(14) school sites and facilities with the consent of the governing board of the public school district for which the site or facility is to be acquired, constructed or renovated;
(15) library and other public educational or cultural facilities;
(16) equipment, vehicles, furnishings and other personalty related to the items listed in this subsection; and
(17) inspection, construction management and program management costs;
N. "public infrastructure purpose" means:
(1) planning, design, engineering, construction, acquisition or installation of public infrastructure, including the costs of applications, impact fees and other fees, permits and approvals related to the construction, acquisition or installation of such infrastructure;
(2) acquiring, converting, renovating or improving existing facilities for public infrastructure, including facilities owned, leased or installed by an owner;
(3) acquiring interests in real property or water rights for public infrastructure, including interests of an owner;
(4) establishing, maintaining and replenishing reserves in order to secure payment of debt service on bonds;
(5) funding and paying from bond proceeds interest accruing on bonds for a period not to exceed three years from their date of issuance;
(6) funding and paying from bond proceeds fiscal, financial and legal consultant fees, trustee fees, discount fees, district formation and election costs and all costs of issuance of bonds issued pursuant to the Public Improvement District Act [5-11-1 NMSA 1978], including, but not limited to, fees and costs for bond counsel, financial advisors, consultants and underwriters, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit and other credit enhancement costs and printing costs;
(7) providing for the timely payment of debt service on bonds or other indebtedness of the district;
(8) refinancing any outstanding bonds with new bonds, including through the formation of a new public improvement district; and
(9) incurring expenses of the district incident to and reasonably necessary to carry out the purposes specified in this subsection;
O. "resident qualified elector" means a person who resides within the boundaries of a district or proposed district and who is qualified to vote in the general elections held in the state pursuant to Section 1-1-4 NMSA 1978;
P. "special levy" means a levy imposed against real property within a district that may be apportioned according to direct or indirect benefits conferred upon affected real property, as well as acreage, front footage, the cost of providing public infrastructure for affected real property, or other reasonable method, as determined by the governing body or district board, as applicable; and
Q. "treasurer" means the treasurer of the governing body or the person appointed by the district board as the district treasurer pursuant to Section 6 of the Public Improvement District Act
5-11-10. Powers of a public improvement district.
A. In addition to the powers otherwise granted to a district pursuant to the Public Improvement District Act [5-11-1 NMSA 1978], the district board, in implementing the general plan, may:
(1) enter into contracts and expend money for any public infrastructure purpose with respect to the district;
(2) enter into development agreements with municipalities, counties or other local government entities in connection with property located within the boundaries of the district;
(3) enter into intergovernmental agreements as provided in the Joint Powers Agreements Act [11-1-1 NMSA 1978] for the planning, design, inspection, ownership, control, maintenance, operation or repair of public infrastructure or the provision of enhanced services by the municipality or the county in the district and any other purpose authorized by the Public Improvement District Act;
(4) sell, lease or otherwise dispose of district property if the sale, lease or conveyance is not a violation of the terms of any contract or bond covenant of the district;
(5) reimburse the municipality or county in which the district is located for providing enhanced services in the district;
(6) operate, maintain and repair public infrastructure;
(7) establish, impose and collect special levies for the purposes of funding public infrastructure improvements or enhanced services;
(8) employ staff, counsel and consultants;
(9) reimburse the municipality or county in which the district is located for staff and consultant services and support facilities supplied by the municipality or county;
(10) accept gifts or grants and incur and repay loans for any public infrastructure purpose;
(11) enter into agreements with owners concerning the advance of money by owners for public infrastructure purposes or the granting of real property by the owner for public infrastructure purposes;
(12) levy property taxes, impose special levies or fees and charges for any public infrastructure purpose on any real property located in the district and, in conjunction with the levy of such taxes, fees and charges, set and collect administrative fees;
(13) pay the financial, legal and administrative costs of the district;
(14) enter into contracts, agreements and trust indentures to obtain credit enhancement or liquidity support for its bonds and process the issuance, registration, transfer and payment of its bonds and the disbursement and investment of proceeds of the bonds;
(15) with the consent of the governing body of the municipality or county that formed the district, enter into agreements with persons outside of the district to provide enhanced services to persons and property outside of the district; and
(16) use public easements and rights of way in or across public property, roadways, highways, streets or other thoroughfares and other public easements and rights of way, whether in or out of the geographical limits of the district, the municipality or the county.
B. Public infrastructure improvements other than personalty may be located only in or on lands, easements or rights of way owned by the state, a county, a municipality or the district, whether in or out of the district, the municipality or the county.
C. An agreement pursuant to Paragraph (11) of Subsection A of this section may include agreements to repay all or part of such advances, fees and charges from the proceeds of bonds if issued or from advances, fees and charges collected from other owners or users or those having a right to use any public infrastructure. A person does not have authority to compel the issuance or sale of the bonds of the district or the exercise of any taxing power of the district to make repayment under any agreement.
D. Notwithstanding the provisions of the Procurement Code [13-1-28 NMSA 1978], or local procurement requirements that may otherwise be applicable to the municipality or county in which the district is located, the district board, whether appointed or composed of members of the governing body, ex officio, may enter into contracts to carry out any of the district's authorized powers, including the planning, design, engineering, financing, construction and acquisition of public improvements for the district, with a contractor, an owner or other person or entity, on such terms and with such persons as the district board determines to be appropriate.
The "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 farm and ranch heritage museum division;
G. the natural history and science museum division;
H. the museum of space history division;
I. the museum resources division; and
J. 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.
10-15-1. Formation of public policy; procedures for open meetings; exceptions and procedures for closed meetings.
A. In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them. The formation of public policy or the conduct of business by vote shall not be conducted in closed meeting. All meetings of any public body except the legislature and the courts shall be public meetings, and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings. Reasonable efforts shall be made to accommodate the use of audio and video recording devices.
B. All meetings of a quorum of members of any board, commission, administrative adjudicatory body or other policymaking body of any state agency, any agency or authority of any county, municipality, district or any political subdivision, held for the purpose of formulating public policy, including the development of personnel policy, rules, regulations or ordinances, discussing public business or for the purpose of taking any action within the authority of or the delegated authority of any board, commission or other policymaking body are declared to be public meetings open to the public at all times, except as otherwise provided in the constitution of New Mexico or the Open Meetings Act [Chapter 10, Article 15 NMSA 1978]. No public meeting once convened that is otherwise required to be open pursuant to the Open Meetings Act shall be closed or dissolved into small groups or committees for the purpose of permitting the closing of the meeting.
C. If otherwise allowed by law or rule of the public body, a member of a public body may participate in a meeting of the public body by means of a conference telephone or other similar communications equipment when it is otherwise difficult or impossible for the member to attend the meeting in person, provided that each member participating by conference telephone can be identified when speaking, all participants are able to hear each other at the same time and members of the public attending the meeting are able to hear any member of the public body who speaks during the meeting.
D. Any meetings at which the discussion or adoption of any proposed resolution, rule, regulation or formal action occurs and at which a majority or quorum of the body is in attendance, and any closed meetings, shall be held only after reasonable notice to the public. The affected body shall determine at least annually in a public meeting what notice for a public meeting is reasonable when applied to that body. That notice shall include broadcast stations licensed by the federal communications commission and newspapers of general circulation that have provided a written request for such notice.
E. A public body may recess and reconvene a meeting to a day subsequent to that stated in the meeting notice if, prior to recessing, the public body specifies the date, time and place for continuation of the meeting and, immediately following the recessed meeting, posts notice of the date, time and place for the reconvened meeting on or near the door of the place where the original meeting was held and in at least one other location appropriate to provide public notice of the continuation of the meeting. Only matters appearing on the agenda of the original meeting may be discussed at the reconvened meeting.
F. Meeting notices shall include an agenda containing a list of specific items of business to be discussed or transacted at the meeting or information on how the public may obtain a copy of such an agenda. Except in the case of an emergency, the agenda shall be available to the public at least twenty-four hours prior to the meeting. Except for emergency matters, a public body shall take action only on items appearing on the agenda. For purposes of this subsection, an "emergency" refers to unforeseen circumstances that, if not addressed immediately by the public body, will likely result in injury or damage to persons or property or substantial financial loss to the public body.
G. The board, commission or other policymaking body shall keep written minutes of all its meetings. The minutes shall include at a minimum the date, time and place of the meeting, the names of members in attendance and those absent, the substance of the proposals considered and a record of any decisions and votes taken that show how each member voted. All minutes are open to public inspection. Draft minutes shall be prepared within ten working days after the meeting and shall be approved, amended or disapproved at the next meeting where a quorum is present. Minutes shall not become official until approved by the policymaking body.
H. The provisions of Subsections A, B and G of this section do not apply to:
(1) meetings pertaining to issuance, suspension, renewal or revocation of a license, except that a hearing at which evidence is offered or rebutted shall be open. All final actions on the issuance, suspension, renewal or revocation of a license shall be taken at an open meeting;
(2) limited personnel matters; provided that for purposes of the Open Meetings Act [Chapter 10, Article 15 NMSA 1978], "limited personnel matters" means the discussion of hiring, promotion, demotion, dismissal, assignment or resignation of or the investigation or consideration of complaints or charges against any individual public employee; provided further that this subsection is not to be construed as to exempt final actions on personnel from being taken at open public meetings, nor does it preclude an aggrieved public employee from demanding a public hearing. Judicial candidates interviewed by any commission shall have the right to demand an open interview;
(3) deliberations by a public body in connection with an administrative adjudicatory proceeding. For purposes of this paragraph, an "administrative adjudicatory proceeding" means a proceeding brought by or against a person before a public body in which individual legal rights, duties or privileges are required by law to be determined by the public body after an opportunity for a trial-type hearing. Except as otherwise provided in this section, the actual administrative adjudicatory proceeding at which evidence is offered or rebutted and any final action taken as a result of the proceeding shall occur in an open meeting;
(4) the discussion of personally identifiable information about any individual student, unless the student, his parent or guardian requests otherwise;
(5) meetings for the discussion of bargaining strategy preliminary to collective bargaining negotiations between the policymaking body and a bargaining unit representing the employees of that policymaking body and collective bargaining sessions at which the policymaking body and the representatives of the collective bargaining unit are present;
(6) that portion of meetings at which a decision concerning purchases in an amount exceeding two thousand five hundred dollars ($2,500) that can be made only from one source and that portion of meetings at which the contents of competitive sealed proposals solicited pursuant to the Procurement Code [13-1-28 NMSA 1978] are discussed during the contract negotiation process. The actual approval of purchase of the item or final action regarding the selection of a contractor shall be made in an open meeting;
(7) meetings subject to the attorney-client privilege pertaining to threatened or pending litigation in which the public body is or may become a participant;
(8) meetings for the discussion of the purchase, acquisition or disposal of real property or water rights by the public body;
(9) those portions of meetings of committees or boards of public hospitals where strategic and long-range business plans or trade secrets are discussed; and
(10) that portion of a meeting of the gaming control board dealing with information made confidential pursuant to the provisions of the Gaming Control Act [Chapter 60, Article 2E NMSA 1978].
I. If any meeting is closed pursuant to the exclusions contained in Subsection H of this section, the closure:
(1) if made in an open meeting, shall be approved by a majority vote of a quorum of the policymaking body; the authority for the closure and the subject to be discussed shall be stated with reasonable specificity in the motion calling for the vote on a closed meeting; the vote shall be taken in an open meeting; and the vote of each individual member shall be recorded in the minutes. Only those subjects announced or voted upon prior to closure by the policymaking body may be discussed in a closed meeting; and
(2) if called for when the policymaking body is not in an open meeting, shall not be held until public notice, appropriate under the circumstances, stating the specific provision of the law authorizing the closed meeting and stating with reasonable specificity the subject to be discussed is given to the members and to the general public.
J. Following completion of any closed meeting, the minutes of the open meeting that was closed or the minutes of the next open meeting if the closed meeting was separately scheduled shall state that the matters discussed in the closed meeting were limited only to those specified in the motion for closure or in the notice of the separate closed meeting. This statement shall be approved by the public body under Subsection G of this section as part of the minutes.
Chapter 10, Article 15 NMSA 1978 may be cited as the "Open Meetings Act".
10-15-2. State legislature; meetings.
A. All meetings of a quorum of members of any committee or policymaking body of the state legislature held for the purpose of discussing public business or for the purpose of taking any action within the authority of or the delegated authority of such committee or body are declared to be public meetings open to the public at all times.
B. The provisions of Subsection A of this section shall not apply to matters relating to personnel, or matters adjudicatory in nature, or any bill, resolution or other legislative matter not yet presented to either house of the legislature or general appropriation bills.
C. For the purposes of this section, "meeting" means a gathering of the members called by the presiding officer of a standing committee.
10-15-3. Invalid actions; standing.
A. No resolution, rule, regulation, ordinance or action of any board, commission, committee or other policymaking body shall be valid unless taken or made at a meeting held in accordance with the requirements of Section 10-15-1 NMSA 1978. Every resolution, rule, regulation, ordinance or action of any board, commission, committee or other policymaking body shall be presumed to have been taken or made at a meeting held in accordance with the requirements of Section 10-15-1 NMSA 1978.
B. All provisions of the Open Meetings Act [10-15-1.1 NMSA 1978] shall be enforced by the attorney general or by the district attorney in the county of jurisdiction. However, nothing in that act shall prevent an individual from independently applying for enforcement through the district courts, provided that the individual first provides written notice of the claimed violation to the public body and that the public body has denied or not acted on the claim within fifteen days of receiving it. A public meeting held to address a claimed violation of the Open Meetings Act shall include a summary of comments made at the meeting at which the claimed violation occurred.
C. The district courts of this state shall have jurisdiction, upon the application of any person to enforce the purpose of the Open Meetings Act, by injunction, mandamus or other appropriate order. The court shall award costs and reasonable attorney fees to any person who is successful in bringing a court action to enforce the provisions of the Open Meetings Act. If the prevailing party in a legal action brought under this section is a public body defendant, it shall be awarded court costs. A public body defendant that prevails in a court action brought under this section shall be awarded its reasonable attorney fees from the plaintiff if the plaintiff brought the action without sufficient information and belief that good grounds supported it.
D. No section of the Open Meetings Act shall be construed to preclude other remedies or rights not relating to the question of open meetings.
Any person violating any of the provisions of Section 10-15-1 or 10-15-2 NMSA 1978 is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500) for each offense.
11-2-2. [Duties of commission.]
It shall be the function of this commission:
A. to carry forward the participation of this state as a member of the council of state governments;
B. to encourage and assist the legislative, executive, administrative and judicial officials and employees of this state to develop and maintain friendly contact by correspondence, by conference and otherwise, with officials and employees of the other states, of the federal government and of local units of government;
C. to endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for, and by facilitating:
(1) the adoption of compacts;
(2) the enactment of uniform or reciprocal statutes;
(3) the adoption of uniform or reciprocal administrative rules and regulations;
(4) the informal cooperation of governmental offices with one another;
(5) the personal cooperation of governmental officials and employees with one another, individually;
(6) the interchange and clearance of research and information; and
(7) any other suitable process;
D. in short, to do all such acts as will, in the opinion of this commission, enable this state to do its part - or more than its part in forming a more perfect union among the various governments in the United States and in developing the council of state governments for that purpose.
11-6-2. Legislative findings and statement of purpose
A. The development of infrastructure needs of local communities, including but not limited to water, sewage treatment, power, transportation and communication, is a prerequisite to economic development in all areas of the state. Local communities cannot finance these infrastructure needs alone because of inadequate bonding capacity, lag time between development and the generation of revenue and the dependency of economic development on an adequate infrastructure.
B. The legislature finds and declares that, to aid local communities in providing adequate, safe and sanitary services, a community assistance program is needed, particularly for those communities faced with rapid growth or loss of their tax base. A council should be created to review proposals submitted by political subdivisions and to allocate funding from several sources, including severance tax bonds as approved and issued by the state board of finance, community development block grants from the federal government and such other sources of funding as the legislature may specify from time to time for financing needed projects for local community infrastructure development.
C. In order to maximize the utilization of various sources of funding, the legislature designates the local government division of the department of finance and administration as the central clearinghouse and administering and coordinating agency for state and federally funded programs for local community infrastructure development to provide for a common application and funding cycle, promote efficiency, prevent confusion and duplication and limit paperwork for communities seeking assistance.
As used in the New Mexico Community Assistance Act [11-6-1 NMSA 1978]:
A. "council" means the New Mexico community development council;
B. "project" means, except as limited by the state constitution, the purchase, construction, lease, gift, grant, reconstruction, improvement, option to purchase or other acquisition of educational, cultural, recreational, community, municipal, social service or other facilities by a political subdivision, including but not limited to publicly owned water systems, sewer systems, municipal utilities, roads, streets, highways, curbs, gutters, sidewalks, storm sewers, street lighting, traffic control devices, parking facilities, vocational training and rehabilitation facilities, airports, hospitals, nursing homes, publicly owned mental health, alcohol and drug abuse, child abuse and family counseling facilities, juvenile detention homes, swimming pools, parks, auditoriums, public buildings, libraries, fire and police stations, jails, waste disposal systems and sites, special assessment district improvements and all necessary real and personal property therefor, but does not include facilities for the public schools;
C. "community assistance program" means a program to assist political subdivisions with infrastructure development, which may include but is not limited to:
(1) a grant or loan of funds to the political subdivisions;
(2) gathering data about the political subdivisions;
(3) providing technical assistance to analyze the needs and seek solutions to problems related to infrastructure development in political subdivisions; and
(4) providing technical assistance in seeking funds from sources other than the council;
D. "division" means the local government division of the department of finance and administration; and
E. "political subdivision" means any county; incorporated city, town or village; drainage, conservancy, irrigation, water and sanitation or other district; mutual domestic association; public water cooperative association; or community ditch association.
A. The governing authority of each agency shall, at the end of each fiscal year, conduct a physical inventory of movable chattels and equipment costing more than five thousand dollars ($5,000) and under the control of the governing authority. This inventory shall include all movable chattels and equipment procured through the capital program fund under Section 15-3B-16 NMSA 1978, which are assigned to the agency designated by the director of the property control division of the general services department as the user agency. The inventory shall list the chattels and equipment and the date and cost of acquisition. No agency shall be required to list any item costing five thousand dollars ($5,000) or less. Upon completion, the inventory shall be certified by the governing authority as to correctness. Each agency shall maintain one copy in its files. At the time of the annual audit, the state auditor shall satisfy himself as to the correctness of the inventory by generally accepted auditing procedures.
B. The official or governing authority of each agency is chargeable on his official bond for the chattels and equipment shown in the inventory.
C. The general services department shall establish standards, including a uniform classification system of inventory items, and promulgate rules concerning the system of inventory accounting for chattels and equipment required to be inventoried, and the governing authority of each agency shall install the system. A museum collection list or catalogue record and a library accession record or shelf list shall constitute the inventories of museum collections and library collections maintained by state agencies and local public bodies.
D. No surety upon the official bond of any officer or employee of any agency shall be released from liability until a complete accounting has been had. All official bonds shall provide coverage of, or be written in a manner to include, inventories
14-2-1. Right to inspect public records; exceptions.
A. Every person has a right to inspect public records of this state except:
(1) records pertaining to physical or mental examinations and medical treatment of persons confined to an institution;
(2) letters of reference concerning employment, licensing or permits;
(3) letters or memorandums that are matters of opinion in personnel files or students' cumulative files;
(4) law enforcement records that reveal confidential sources, methods, information or individuals accused but not charged with a crime. Law enforcement records include evidence in any form received or compiled in connection with a criminal investigation or prosecution by a law enforcement or prosecuting agency, including inactive matters or closed investigations to the extent that they contain the information listed in this paragraph;
(5) as provided by the Confidential Materials Act [14-3A-1 NMSA 1978];
(6) trade secrets, attorney-client privileged information and long-range or strategic business plans of public hospitals discussed in a properly closed meeting;
(7) public records containing the identity of or identifying information relating to an applicant or nominee for the position of president of a public institution of higher education;
(8) tactical response plans or procedures prepared for or by the state or a political subdivision of the state, the publication of which could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures that could be used to facilitate the planning or execution of a terrorist attack;
(9) discharge papers of a veteran of the armed forces of the United States filed with the county clerk before July 1, 2005 that have not been commingled with other recorded documents. These papers will be available only to the veteran who filed the papers, the veteran's next of kin, the deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney or a person designated in writing by the veteran to receive the records;
(10) discharge papers of a veteran of the armed forces of the United States filed with the county clerk before July 1, 2005 that have been commingled with other recorded documents if the veteran has recorded a request for exemption from public disclosure of discharge papers with the county clerk. If such a request has been recorded, the records may be released only to the veteran filing the papers, the veteran's next of kin, the deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney or a person designated in writing by the veteran to receive the records;
(11) discharge papers of a veteran of the armed forces of the United States filed with the county clerk after June 30, 2005. These papers will be available only to the veteran who filed them, the veteran's next of kin, the deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney or a person designated in writing by the veteran to receive the records; and
(12) as otherwise provided by law.
B. At least twenty-one days before the date of the meeting of the governing board of a public institution of higher education at which final action is taken on selection of the person for the position of president of the institution, the governing board shall give public notice of the names of the finalists being considered for the position. The board shall consider in the final selection process at least five finalists. The required notice shall be given by publication in a newspaper of statewide circulation and in a newspaper of county-wide circulation in the county in which the institution is located. Publication shall be made once and shall occur at least twenty-one days and not more than thirty days before the described meeting.
C. Postponement of a meeting described in Subsection B of this section for which notice has been given does not relieve the governing body from the requirement of giving notice of a rescheduled meeting in accordance with the provisions of Subsection B of this section.
D. Action taken by a governing body without compliance with the notice requirements of Subsections B and C of this section is void.
E. Nothing in Subsections B through D of this section prohibits a governing body from identifying or otherwise disclosing the information described in this section.
Chapter 14, Article 3 NMSA 1978 may be cited as the "Public Records Act".
As used in the Public Records Act [14-3-1 NMSA 1978]:
A. "administrator" means the state records administrator;
B. "agency" means any state agency, department, bureau, board, commission, institution or other organization of the state government, the territorial government and the Spanish and Mexican governments in New Mexico;
C. "commission" means the state commission of public records;
D. "microphotography" means the transfer of images onto film and electronic imaging or other information storage techniques that meet the performance guidelines for legal acceptance of public records produced by information system technologies pursuant to regulations adopted by the commission;
E. "microphotography system" means all microphotography equipment, services and supplies;
F. "personal identification information" means the name, social security number, military identification number, home address, telephone number, email address, fingerprint, photograph, identifying biometric data, genetic identification, personal financial account number, state identification number, including driver's license number, alien registration number, government passport number, personal taxpayer identification number, or government benefit account number of a natural person;
G. "public records" means all books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, made or received by any agency in pursuance of law or in connection with the transaction of public business and preserved, or appropriate for preservation, by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the government or because of the informational and historical value of data contained therein. Library or museum material of the state library, state institutions and state museums, extra copies of documents preserved only for convenience of reference and stocks of publications and processed documents are not included;
H. "records center" means the central records depository that is the principal state facility for the storage, disposal, allocation or use of noncurrent records of agencies or materials obtained from other sources;
I. "records custodian" means the statutory head of the agency using or maintaining the records or the custodian's designee; and
J. "records retention and disposition schedules" means rules adopted by the commission pursuant to Section 14-3-6 NMSA 1978 describing records of an agency, establishing a timetable for their life cycle and providing authorization for their disposition.
Sections 1 and 2 [14-3A-1 and 14-3A-2 NMSA 1978] of this act may be cited as the "Confidential Materials Act".
14-3A-2. Donation of confidential material.
A. Any library, college, university, museum or institution of the state or any of its political subdivisions may hold in confidence materials of a historical or educational value upon which the donor or seller has imposed restrictions with respect to access to and inspection of the materials for a definite period of time as specified by the donor or seller.
B. Access to and inspection of such materials may be restricted during the period specified by the donor or seller in the manner specified by the donor or seller.
C. The provisions of Subsections A and B of this section do not apply to materials which were public records of New Mexico as defined in Section 14-2-1 NMSA 1978 while in the possession of the donor or seller at the time of the donation or sale.
14-4-3. Format of rules; filing; distribution.
Each agency promulgating any rule shall place the rule in the format and style required by rule of the records center and shall deliver one original paper copy and one electronic copy to the records center. The records center shall note thereon the date and hour of filing. The records center shall maintain the original copy as a permanent record open to public inspection during office hours and shall have the rule published in a timely manner in the New Mexico register and compiled into the New Mexico Administrative Code. At the time of filing, an agency may submit to the records center an additional paper copy, for annotation with the date and hour of filing, to be returned to the agency.
14-4-4. Publication filing and distribution; official depository
Each agency issuing any publication, pamphlet, report, notice, proclamation or similar instrument shall immediately file five copies thereof with the records center. The records center shall deliver three copies to the state library, which shall keep one copy available for public inspection during office hours. All other copies may be circulated. The state library is designated to be an official depository of all such publications, pamphlets, reports, notices, proclamations and similar instruments.
14-4-8. Documents not required to be filed with state library.
The state librarian may by appropriate written instructions advise the records center that he no longer desires a particular class of instrument to be filed with the state library and thereafter such records center shall no longer file such class of documents with the state library unless such rejection is rescinded in writing and sent to such agency or agencies.
. [Law governing filing of agency rules, documents and publications.]
Wherever any law requires an agency to file a rule, pamphlet, document or publication with the librarian of the supreme court law library such shall be accomplished by the delivery and filing as provided in the State Rules Act [Chapter 14, Article 4 NMSA 1978].
. State publications for sale or issue by state agencies; listing by state records administrator
The state records administrator shall maintain a file of all state publications which are for sale or issue by agencies of the state. He shall prepare and publish a list of all such publications which are current and effective. The list shall include such documents as books, manuals, pamphlets, bulletins, monographs and periodicals designed to instruct, inform or direct either the general public or public officers and employees. Correspondence and those documents developed by agencies for their own internal administration are excluded.
18-1-1. Board of trustees; membership.
There is hereby created a board of trustees, which shall consist of the chief justice and justices of the supreme court of the state of New Mexico, who shall have the management, control and supervision of the supreme court law library.
18-1-2. Supreme court law library board of trustees; chairman and secretary.
The chief justice of the supreme court shall act as chairman of the board of trustees of the supreme court law library, and the clerk of the supreme court shall act as secretary for the board.
18-1-3. Power to prescribe rules and regulations.
Said board of trustees shall have the right to prescribe such rules and regulations for the management and control of the supreme court law library, as in the judgment of said board may seem fit and proper for the safety, care and custody of the library, shelving, books, documents and archives therein, and for the convenience and accommodation of the patrons of such library.
18-1-4. [Duties; purchase of books and management of affairs.]
Said board of trustees shall order and purchase all books for said library for which an appropriation shall have been made, and have full and complete management of all the financial affairs of said library.
18-1-5. Law library board; publishing opinions of supreme court.
In addition to other duties of the board of trustees of the supreme court law library provided by law, the board shall meet from time to time, select from opinions of the supreme court and designate to the clerk of the supreme court those which should be officially reported and published. The board shall also supervise, amend and correct all syllabi or headnotes for published opinions.
The secretary of finance and administration shall draw warrants on the state treasurer in payment of all accounts which shall have been audited by said board of trustees, to the extent of the appropriations made for such purposes but for no more.
18-1-7. Librarian; appointment by board; custody of property.
The supreme court law library shall be under the care and custody of a librarian, who shall be appointed by said board of trustees, and who shall hold office at the pleasure of said board of trustees. The librarian shall have the custody and charge of all books, archives, maps, charts, engravings and all other things properly belonging to the library, or directed to be deposited therein.
18-1-8. [Bond of librarian; approval.]
The librarian, before taking office, shall give bond to the state of New Mexico in the sum of two thousand dollars [($2,000)], with sufficient surety or sureties, for the faithful performance of his or her duties, for the preservation and safe delivery of all property committed to his or her care, to his or her successor and for the faithful paying over of all moneys coming into his or her hands as librarian. Said bond shall be approved by the chief justice of the supreme court and be filed with the clerk of the supreme court of the state of New Mexico.
18-1-9. [Unauthorized removal of books or property; criminal liability of librarian.]
If the librarian shall permit or allow any person, not authorized by such rules and regulations as shall be prescribed by the board of trustees, to remove a book or other property from the library, he or she shall be deemed guilty of a misdemeanor, and subject to a fine of ten dollars [($10.00)] for every book or other Article so removed.
18-1-10. [Unlawful removal of books or property; penalty.]
Any person not authorized by the rules and regulations of the board of trustees so to do, who shall take from the library any book or other property belonging thereto, either with or without the consent of the librarian, shall be deemed guilty of a misdemeanor and subject to a fine of ten dollars [($10.00)] for every book or other property so taken. Provided, that in case of a felonious taking of such book or property, the person guilty thereof shall be punished in the manner and to the extent now provided by law for the punishment of such felonies.
18-1-11. [Liability for injury to books or property.]
Any person injuring, defacing or destroying a book or other property belonging to the library shall forfeit twice the value thereof to be sued for and recovered by the state, and it shall be the duty of the librarian to promptly notify said board of trustees of any such offense.
18-1-12. Trade, barter and exchange of books and periodicals; powers of board of trustees.
The board of trustees of the supreme court law library, composed of the justices of the supreme court, is hereby authorized to trade, barter and exchange such books and periodicals as the said board of trustees may from time to time acquire, for books and periodicals of equal or similar value, whenever the books and periodicals which may be thus acquired by trade, barter and exchange will be useful to the supreme court law library in building or completing its files, and when in the judgment of the board of trustees such exchange is in the best interests of the said library.
18-2-1. State library commission created.
There is created a "New Mexico state library commission," composed of five members, which shall have its headquarters at the state capitol. Four members of the commission shall be appointed by the governor from among resident citizens of the state interested in and informed with regard to library conditions, the appointees insofar as practicable to represent different sections of the state. Two of the members shall be originally appointed for a term of two years; one member shall be originally appointed for a term of four years; and one member shall be originally appointed for a term of six years. After the expiration of the original appointments, all appointments shall be for terms of six years. The fifth member of the commission shall be a member of the state board of education chosen by vote of the board's membership. The term of the fifth member shall be for so long as he serves on the state board of education, but not to exceed six years. At least one member of the commission shall be a professionally trained librarian. Members of the commission shall be entitled to per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 NMSA 1978] while engaged in the performance of their official duties for the commission.
18-2-2. State library commission; duties.
The New Mexico state library commission shall provide advice, upon request, to the state librarian on:
A. matters germane to the powers and duties of the library division or the state library; and
B. any other matters related to libraries.
18-2-3. Library division; creation; director.
A. The "library division" is created within the cultural affairs department.
B. Subject to the authority of the secretary of cultural affairs, the administrative and executive head of the library division is the "state librarian". The state librarian shall be appointed by the secretary.
18-2-4. Duties of the state librarian.
The state librarian shall:
A. administer the state library;
B. administer grants-in-aid and encourage local library service and generally promote an effective statewide library system;
C. make studies and surveys of public library needs;
D. supply advice and information to existing libraries and aid in the establishment of new libraries;
E. obtain each year, from all libraries in the state, reports showing the conditions, growth and development, together with such other facts and statistics regarding them as is of public interest;
F. cooperate with other educational services and governmental agencies of the state, and with library agencies of other states and with national library agencies;
G. cooperate with the administrative services division in preparing the budget for the state library;
H. administer the library extension service;
I. make rules and regulations necessary to administer the division and as provided by law; and to perform other duties as provided by law; and
J. establish and administer a library depository and distribution system for state documents and publications.
18-2-4.1. State publications; copies required.
A. Unless otherwise directed by the state librarian, every state agency shall deposit at least twenty-five copies of all its publications intended for public distribution, when issued, with the state library depository for depository and distribution purposes, excluding those publications issued strictly for internal use.
B. The state librarian shall determine the number of copies of regularly issued publications required to meet the needs of the various libraries in the state and shall inform the affected agencies of the exact number of copies required.
18-2-5. State library administrative agency.
The library division of the office of cultural affairs is designated a state library administrative agency and is empowered to accept gifts or grants of any nature from federal, state, county, local or private agencies for the purpose of carrying on its work. Any grant of money so received shall be deposited in the state treasury to the credit of the library division and shall be used only for the purpose for which it is given or granted.
18-2-6. Organization; officers
The commission shall organize by electing a chairman and a vice chairman from its membership.
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.
The state library depository shall not engage in the direct distribution of state publications to the general public except in those cases where the state library does so in the course of operating as a library or a state extension service.
18-2-8. Certification of librarians.
The state librarian is hereby authorized to issue certificates to librarians. He shall have authority to prescribe and hold examinations, or require submission of credentials to establish the qualifications of those seeking certificates as librarians, and to issue certificates of librarianship to qualified persons, in accordance with such reasonable rules and regulations as he may provide.
18-2-9. Types of certificates.
The types of certificates issued by the state librarian shall be:
A. permanent professional librarian;
B. grade I librarian;
C. grade II librarian; and
D. temporary librarian.
18-2-10. Permanent professional certificate.
A permanent professional librarian's certificate shall be issued without examination to an applicant, otherwise qualified under the rules and regulations of the state librarian who is a graduate of a library school accredited by the American library association.
A. A grade I librarian's certificate shall be issued to an applicant without examination when:
(1) the applicant meets the minimum educational requirements established by the rules and regulations of the state librarian, which shall require completion of a minimum number of years of undergraduate work plus a minimum number of semester hours of library science courses in an institution accredited by its state department of education or a regional accrediting agency; and
(2) the applicant demonstrates ability to perform the duties of a grade I librarian ably and efficiently.
B. A grade I librarian's certificate shall be issued by examination to an applicant who lacks the minimum educational requirements for a grade I certificate, and who:
(1) demonstrates ability to perform the duties of a grade I librarian ably and efficiently; and
(2) successfully passes the examination given by the state librarian for a grade I certificate.
A. A grade II librarian's certificate shall be granted to an applicant without examination when the applicant is a graduate of a college or university accredited by its state department of education or a regional accrediting agency, and has a major in library science or has completed a minimum of twenty-one semester hours of library science courses beyond the requirements of a grade I certificate.
B. A grade II librarian's certificate shall be granted by examination to an applicant who lacks the educational requirements for a grade II certificate, and who:
(1) demonstrates ability to perform the duties of a grade II librarian ably and efficiently; and
(2) successfully passes the examination given by the state librarian for a grade II certificate.
A. The state librarian shall issue a temporary certificate without examination to an applicant who is unqualified for any other type of librarian certificate when the state librarian receives written recommendation for the issuance of a temporary certificate for the applicant from the library board or governing body concerned which states that no qualified applicant is available for the position.
B. Temporary librarian's certificates shall be issued for all grades and are valid only for one year, but may be renewed or extended for one-year periods upon written recommendation from the library board or governing body concerned stating that no qualified applicant is available for the position.
18-2-14. [Applications; who may apply.]
Any person who is actively engaged in, or who expects to engage actively in library service may apply for a certificate, either with or without examination, and if found competent and qualified shall be granted the certificate so applied for, in the manner and upon the payment of the fees provided for in this act [18-2-8, 18-2-14, 18-2-17, 18-2-18 NMSA 1978].
A. A permanent professional librarian's certificate is required for the chief librarian of any library:
(1) supported in whole or in part by public funds, and serving a municipality or other political subdivision having a population in excess of fifteen thousand persons as shown by the last federal decennial census; or
(2) of any state agency or state-supported institution.
B. A grade I librarian's certificate is required for the chief librarian of any library, supported in whole or in part by public funds, serving a municipality or other political subdivision having a population of at least three thousand, but not more than ten thousand persons, as shown by the last federal decennial census.
C. A grade II librarian's certificate is required for the chief librarian of any library, supported in whole or in part by public funds, serving a municipality or other political subdivision having a population of at least ten thousand and one, but not more than fifteen thousand persons, as shown by the last federal decennial census.
D. The provisions of this section do not apply to libraries of public schools or county law libraries.
A. The fee for any certificate provided for in Section 18-2-9 NMSA 1978 may be prescribed by the state librarian, but the minimum fee for a certificate issued without examination shall be five dollars ($5.00) and the minimum fee for a certificate issued by examination shall be ten dollars ($10.00).
B. All fee money shall be deposited in the general fund.
18-2-17. [Libraries receiving public funds; compliance required.]
No public funds shall be paid to any library failing to comply with the provisions of this act [18-2-8, 18-2-14, 18-2-17, 18-2-18 NMSA 1978].
18-2-18. List of certificated librarians.
The library division of the office of cultural affairs shall issue annually a list of all persons holding librarians' certificates.
This act [18-2-19 to 18-2-22 NMSA 1978] may be cited as the "Interstate Library Compact Act".
The interstate library compact is hereby enacted into law and is entered into on behalf of this state with any state bordering on New Mexico which legally joins therein in substantially the following form:
INTERSTATE LIBRARY COMPACT
The contracting states agree that:
ARTICLE I - PURPOSE
Because the desire for the services provided by public libraries transcends governmental boundaries and can be provided most effectively by giving such services to communities of people regardless of jurisdictional lines, it is the policy of the states who are parties to this compact to cooperate and share their responsibilities in providing joint and cooperative library services in areas where the distribution of population makes the provision of library service on an interstate basis the most effective way to provide adequate and efficient services.
ARTICLE II - PROCEDURE
The appropriate officials and agencies of the party states or any of their political subdivisions may, on behalf of said states or political subdivisions, enter into agreements for the cooperative or joint conduct of library services when they shall find that the executions of agreements to that end as provided herein will facilitate library services.
ARTICLE III - CONTENT
Any such agreement for the cooperative or joint establishment, operation or use of library services, facilities, personnel, equipment, materials or other items not excluded because of failure to enumerate shall, as among the parties of the agreement: 1) detail the specific nature of the services, facilities, properties or personnel to which it is applicable; 2) provide for the allocation of costs and other financial responsibilities; 3) specify the respective rights, duties, obligations and liabilities; 4) stipulate the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of said agreement.
ARTICLE IV - CONFLICT OF LAWS
Nothing in this compact or in any agreement entered into hereunder shall be construed to supersede, alter or otherwise impair any obligation imposed on any public library by otherwise applicable laws.
ARTICLE V - ADMINISTRATOR
Each state shall designate a compact administrator with whom copies of all agreements to which his state or any subdivision thereof is party shall be filed. The administrator shall have such powers as may be conferred upon him by the laws of his state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact.
ARTICLE VI - EFFECTIVE DATE
This compact shall become operative immediately upon its enactment by any state or between it and any other contiguous state or states so enacting.
ARTICLE VII - RENUNCIATION
This compact shall continue in force and remain binding upon each party state until six months after any such state has given notice of repeal by the legislature. Such withdrawal shall not be construed to relieve any party to an agreement authorized by Articles II and III of the compact from the obligation of that agreement prior to the end of its stipulated period of duration.
ARTICLE VIII - SEVERABILITY
The provisions of this compact shall be severable. It is intended that the provisions of this compact be reasonably and liberally construed.
A. The state librarian, ex officio, is the compact administrator.
B. The compact administrator shall:
(1) receive copies of all agreements entered into by the state or its political subdivisions and other states or political subdivisions;
(2) consult with, advise and aid the state and its political subdivisions in the formulation of such agreements;
(3) make recommendations to the governor, legislature, state agencies and departments and to the political subdivisions of the state, as he deems desirable to carry out the purposes of the interstate library compact; and
(4) consult and cooperate with the compact administrators of other party states.
The compact administrator and the governing authority of any municipality or county may enter into agreements with other states or their political subdivisions pursuant to the interstate library compact. Such agreements made pursuant to the interstate library compact on behalf of the state shall be made by the compact administrator. Such agreements made on behalf of a political subdivision shall be made after due notice to the compact administrator and after consultation with him.
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 cultural affairs 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.
This act [18-9-1 to 18-9-6 NMSA 1978] may be cited as the "Library Privacy Act".
The purpose of the Library Privacy Act [18-9-1 NMSA 1978] is to preserve the intellectual freedom guaranteed by Sections 4 and 17 of Article 2 of the constitution of New Mexico by providing privacy for users of the public libraries of the state with respect to the library materials that they wish to use.
As used in the Library Privacy Act [18-9-1 NMSA 1978]:
A. "library" includes any library receiving public funds, any library that is a state agency and any library established by the state, an instrumentality of the state, a local government, district or authority, whether or not that library is regularly open to the public; and
B. "patron record" means any document, record or other method of storing information retained by a library that identifies, or when combined with other available information identifies, a person as a patron of the library or that indicates use or request of materials from the library. "Patron record" includes patron registration information and circulation information that identifies specific patrons.
18-9-4. Release of patron records prohibited.
Patron records shall not be disclosed or released to any person not a member of the library staff in the performance of his duties, except upon written consent of the person identified in the record, or except upon court order issued to the library. The library shall have the right to be represented by counsel at any hearing on disclosure or release of its patron records.
The prohibition on the release or disclosure of patron records in Section 4 [18-9-4 NMSA 1978] of the Library Privacy Act shall not apply to overdue notices or to the release or disclosure by school libraries to the legal guardian of the patron records of unemancipated minors or legally incapacitated persons.
18-9-6. Violations; civil liability.
Any person who violates Section 4 [18-9-4 NMSA 1978] of the Library Privacy Act shall be subject to civil liability to the person identified in the released records for damages and costs of the action as determined by the court.
21-1-26.11. Higher education department; additional duties.
In addition to the duties imposed upon the higher education department by the Post-Secondary Educational Planning Act [21-2-1 NMSA 1978], the department shall plan and budget for the statewide adult basic education program and shall adopt and promulgate rules for all such adult educational programs. The department shall establish a uniform protocol for identifying, communicating with and providing direct and equitable access to funding for eligible agencies, which include:
A. local educational agencies;
B. community-based organizations;
C. volunteer literacy organizations;
D. post-secondary institutions;
E. public or private nonprofit agencies;
F. public libraries;
G. public housing authorities; and
H. a consortium of agencies, organizations, institutions, libraries or authorities as described in Section 203 of Public Law 105.
A. The commission on higher education shall develop a funding formula that will provide funding for each institution of higher education to accomplish its mission as determined by a statewide plan.
B. The commission on higher education may include factors in the funding formula, which when implemented will achieve the following:
(1) improve the quality of programs central to each institution's mission;
(2) develop and enhance programs that meet targeted post-secondary educational needs and the related needs of public schools;
(3) eliminate unnecessary, unproductive or duplicative programs;
(4) consider faculty salaries and benefits adjustment to a competitive level with similar institutions in similar states, when such compensation adjustments are supported by detailed analyses of faculty workloads and educational outcomes assessments, and nonteaching staff salaries and benefits at a competitive level with other similar public or private sector employment in the community in which the institution is situated;
(5) recognize additional costs incurred through increases in enrollment;
(6) provide for equipment and equipment maintenance and library acquisitions and operations since the development of the prior funding formula;
(7) fund off-campus courses and other nontraditional course delivery systems at a level sufficient to allow their development;
(8) provide incentives to institutions to pursue private or alternative funding sources;
(9) encourage the sharing of expertise, equipment and facilities and development of joint instructional programs, research and public service projects;
(10) implement uniform articulation agreements and facilitation of transfer of students between institutions;
(11) encourage energy conservation;
(12) require mechanisms to track expenditures to ensure greater accountability; and
(13) require each institution of higher education that offers distance learning and computer-based courses of study to provide accompanying electronic formats that are usable by an individual with a disability using assistive technology, and those formats shall be based on the American standard code for information interchange, hypertext markup language and extensible markup language.
21-7-9.1. Purpose [of Spanish resource center.]
Pursuant to a memorandum of understanding between the ministry of education and science of Spain and the university of New Mexico providing for the establishment of a Spanish resource center in New Mexico, the center for southwest research will:
A. receive from the ministry of education and science of Spain:
(1) approximately two thousand volumes of Spanish language children's literature representative of the best materials published;
(2) a methodological and pedagogical collection of scholarly Spanish language works, including essays, university studies and special publications;
(3) approximately one thousand volumes of Spanish language classical and contemporary literature;
(4) a significant collection of Spanish language educational, technical and instructional materials;
(5) more than four thousand hours of recorded Spanish language audio and audiovisual materials; and
(6) an important library of current and classical Spanish language movies;
B. make the items received from the ministry of education and science of Spain available to scholars, teachers, university students, bilingual coordinators, administrators and others researching or interested in Hispanic language and culture;
C. organize, coordinate with the state department of public education and sponsor with the ministry of education and science of Spain various workshops, seminars and other educational and training events for bilingual teachers that focus on:
(1) Spanish language;
(2) bilingual and other language instruction methodologies;
(3) Spanish language classroom resources; and
(4) specific topics related to Hispanic history, arts and culture;
D. support, through pilot projects, research related to bilingualism and teaching Spanish as a foreign language;
E. provide exhibitions and showings of the materials in the Spanish resource center's Spanish language collections; and
F. promote statewide cultural activities related to the collections and activities of the Spanish resource center.
In arriving at its decisions relative to course approval, the board of educational finance [commission on higher education] shall establish criteria in consultation with the academic vice presidents of the institutions enumerated in Article 12, Section 11 of the state constitution. In establishing these criteria, the following factors shall be considered:
A. acceptability of the course at the main campus of the nonproprietary out-of-state institution;
B. availability and accessibility of the course at a New Mexico institution;
C. validity of the course content and length;
D. availability of library and other teaching resources; and
E. qualifications of the staff who will offer the course.
A. The amount of funding allocated to a charter school shall be not less than ninety-eight percent of the school-generated program cost. The school district or division may withhold and use two percent of the school-generated program cost for its administrative support of a charter school.
B. That portion of money from state or federal programs generated by students enrolled in a locally chartered charter school shall be allocated to that charter school serving students eligible for that aid. Any other public school program not offered by the locally chartered charter school shall not be entitled to the share of money generated by a charter school program.
C. When a state-chartered charter school is designated as a board of finance pursuant to Section 22-8-38 NMSA 1978, it shall receive state and federal funds for which it is eligible.
D. Charter schools may apply for all federal funds for which they are eligible.
E. All services centrally or otherwise provided by a local school district, including custodial, maintenance and media services, libraries and warehousing shall be subject to negotiation between the charter school and the school district. Any services for which a charter school contracts with a school district shall be provided by the district at a reasonable cost.
The state board [department] shall prescribe standards for all public schools in the state. A copy of these standards shall be furnished by the department to each local school board, local superintendent and school principal. The standards shall include standards for the following areas:
A. curriculum, including academic content and performance standards;
B. organization and administration of education;
C. the keeping of records, including financial records prescribed by the department;
D. membership accounting;
E. teacher preparation;
F. the physical condition of public school buildings and grounds; and
G. educational facilities of public schools, including laboratories and libraries.
22-9-7. Federal grant-in-aid funds; custody; deposit; disbursement.
The state treasurer is the trustee for all funds apportioned to the state under any act of congress and he is directed to enter into agreements with, and to comply with the rules and regulations of, such agencies of the federal government as are necessary to procure for the state grants of federal aid to education. Any funds received under any act of congress shall be held by the state treasurer in special funds designated in accordance with the purposes of the grant made and shall be paid out by him only on warrant of the secretary of finance and administration. Warrants shall be issued only upon voucher of the superintendent of public instruction for disbursements other than for rural library service. Disbursements made for rural library service shall be made only upon voucher issued by the state librarian.
22-9-8. State educational authorities for federal grant administration.
The superintendent of public instruction [secretary] shall be the state educational authority to represent the state in administration of any funds received under any act of congress to authorize grants to states in aid of education other than grants for aid to rural library service and, as to such grants and funds received thereunder, the state librarian shall be the authority to represent the state in the administration of the funds.
22-9-9. Agencies for grants-in-aid; powers; duties.
Whenever, under any act of the congress of the United States, federal aid to education is made available to the states:
A. the superintendent of public instruction [secretary] shall:
(1) enter into any agreements with the proper federal agency or agencies necessary to procure for this state all benefits which may be available under any such act of congress;
(2) provide for and install an adequate system of auditing for the expenditure of funds to be received through the provisions of any such act of congress and to be apportioned to local school jurisdictions and teacher-training institutions, to educational agencies and institutions, conducting adult education, and to the state educational authority for any other purpose or purposes;
(3) provide an adequate system of reports to be made to such superintendent from local school jurisdictions and teacher-preparation institutions, from educational agencies and institutions conducting adult education, and from such other jurisdictions, institutions and agencies as may be required;
(4) develop and provide a plan of apportioning among local school jurisdictions any funds received for expenditure within such jurisdictions in such manner as to assist effectively in equalizing educational opportunities in public elementary and secondary schools within the state, such plan to conform as near as may be to any requirements of the act of congress and rules and regulations issued thereunder;
(5) develop and provide a plan of apportioning any funds received for expenditures in eligible institutions based on recommendations of the board of educational finance;
(6) develop and provide a plan for apportioning funds received for expenditure for adult education among public educational agencies and institutions in this state in such manner as will effectively contribute to the development of an economical, effective and comprehensive program of adult education; and
(7) make surveys and prepare and maintain state standards for the development of improved administrative units and attendance areas for the public elementary and secondary schools in anticipation of the availability of funds for the construction or alteration of buildings in connection with the public elementary and secondary schools, and for such purpose the superintendent may cooperate with any other public agency which he may designate; and
B. the state librarian of this state is hereby authorized and directed to:
(1) enter into any and all agreements with the proper federal agency or agencies necessary to procure for this state all benefits for rural or other library service which may be available under any such act of congress;
(2) make and administer all plans which may be necessary to carry out any provisions of any such act of congress which offers aid to library service;
(3) provide for and install an adequate system of auditing of the expenditure of funds to be received through the provisions of any such act of congress and to be apportioned to libraries and library services;
(4) provide for an adequate system of reports to be made to him from libraries and library services; and
(5) develop and provide a plan for apportioning any funds received for expenditure for library service which will provide for maintenance of a cooperative and integrated system of library service throughout the state, for suitable cooperative arrangements with school systems, cooperative agricultural extension services, and other appropriate agencies, and in such manner of apportioning as will effectively lessen inequalities of opportunity for library service.
22-9-10. Reports; federal funds; federal agencies; legislature
A. Whenever required by any act of congress authorizing federal aid to education or any rules issued pursuant thereto:
(1) the state superintendent [secretary] shall make reports with respect to expenditure of funds received and progress of education generally, progress of adult education generally or any other matters in the form and containing information required by the appropriate federal agencies; and
(2) the state librarian shall make reports with respect to expenditure of funds received and progress of library service in the form and containing information required by the appropriate federal agencies.
B. Annually, by November 1, the state superintendent [secretary] shall submit to the legislative education study committee, the legislative finance committee and the library of the legislative council service a detailed report of all federal funds distributed to the state department of public education in the federal fiscal year ending September 30, one year prior to the date of the report, with a description of the purpose for which the state received the money and a detailed accounting of how the funds were expended.
22-9-12. Official notice of acceptance of federal acts for education and library service.
The superintendent of public instruction [secretary] shall transmit to the proper federal agency designated in any act of congress authorizing federal aid to education, official notice of acceptance of any parts and titles of the act and transmit therewith certified copies of this act [22-9-7 to 22-9-12 NMSA 1978] and apportionment plans required in connection with the granting of any funds by any act of congress. In the case of aid to rural or other library service authorized in any act of congress, the official notice with the necessary certified copies as relate to library service shall be transmitted by the state librarian.
As used in the Technology for Education Act [22-15A-1 NMSA 1978]:
A. "bureau" means the education technology bureau in the department of education [public education department];
B. "chief" means the chief of the bureau;
C. "council" means the council on technology in education; and
D. "educational technology" means tools used in the educational process that constitute learning resources and may include closed circuit television systems, educational television and radio broadcasting, cable television, satellite, copper and fiber optic transmission, computer, video and audio laser and CD ROM [CD-ROM] discs, video and audio tapes or other technologies and the training, maintenance, equipment and computer infrastructure information, techniques and tools, used to implement technology in classrooms and library and media centers.
Chapter 22, Article 15C NMSA 1978 may be cited as the "School Library Material Act".
As used in the School Library Material Act [22-15C-1 NMSA 1978]:
A. "additional student" means a student in the certified forty-day membership of the current year for a school district or state institution above the number certified in the forty-day membership of the prior year for the school district or state institution;
B. "bureau" means the instructional material bureau of the department;
C. "fund" means the school library material fund;
D. "library material processing" means cataloging of school library material, including in electronic format, according to nationally accepted standards, and the application of bar code labels and call-number classification labels to the material;
E. "membership" means the total enrollment of qualified students on the fortieth day of the school year entitled to the free use of school library material pursuant to the School Library Material Act;
F. "qualified student" means a public school student who:
(1) has not graduated from high school;
(2) is regularly enrolled in one-half or more of the minimum course requirements approved by the department for public school students; and
(3) is at least five years of age prior to 12:01 a.m. on September 1 of the school year; or
(4) is at least three years of age at any time during the school year and is receiving special education services pursuant to regulation of the department;
G. "school library material" means books and other educational media, including online reference and periodical databases, that are made available in a school library to students for circulation and use in the library; and
H. "school district" includes state-chartered charter schools.
22-15C-3. School library material fund; creation.
The "school library material fund" is created in the state treasury. The purpose of the fund is to provide an account from which the department of education [public education department] may distribute money to school districts and state institutions to pay for the cost of purchasing school library material. The cost of purchasing school library material may include shipping and handling charges for the delivery of school library material. The fund shall consist of appropriations, gifts, grants, donations and bequests. Money in the fund shall be appropriated to the department of education to pay for the cost of purchasing school library material. Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the state superintendent [secretary] or his designated representative. Money in the fund shall not revert to the general fund at the end of a fiscal year.
22-15C-4. Administration of the school library material fund; bureau; duties.
Subject to the policies and rules of the state board [department], the bureau shall:
A. administer the provisions of the School Library Material Act [22-15C-1 NMSA 1978];
B. enforce rules for the handling, safekeeping and distribution of school library material and money from the fund;
C. enforce inventory and accounting procedures to be followed by school districts and state institutions; and
D. withdraw or withhold the privilege of participating in the free use of school library material in case of noncompliance with the provisions of the School Library Material Act or rules adopted pursuant to that act.
22-15C-5. Students eligible; distribution.
A qualified student or person eligible to become a qualified student attending a public school or a state institution in a grade from the first through the twelfth grade of instruction is entitled to the free use of school library material. A student enrolled in an early childhood education program as defined in Section 22-13-3 NMSA 1978 is also entitled to the free use of school library material.
B. A school district or state institution shall purchase school library material as an agent for the benefit of students entitled to the free use of school library material.
C. A school district or state institution receiving school library material pursuant to the School Library Material Act [22-15C-1 NMSA 1978] is responsible for circulation of the school library material for use by eligible students and for the safekeeping of the school library material.
22-15C-6. Distribution of money for school library material.
A. On or before July 1 of each year, the department shall allocate from the fund at least ninety percent of the estimated entitlement for each school district or state institution as determined from the estimated forty-day membership for the next school year to each school district and state institution. The entitlement of a school district or state institution is the portion of the total amount of the annual appropriation less a deduction for a reasonable reserve for emergency expenses that its forty-day membership bears to the forty-day membership of the entire state. Additional students shall be counted as six students for the purpose of the allocation.
B. On or before January 15 of each year, the department shall recompute each entitlement using the forty-day membership for that year and shall allocate the balance of the annual appropriation adjusting for any over- or under-estimation made in the first allocation.
C. The department shall establish procedures to distribute funds directly to school districts and state institutions.
D. A school district or state institution that has funds remaining for the purchase of school library material at the end of a fiscal year shall retain those funds for expenditure in subsequent years.
22-15C-7. Sale or loss or return of school library material.
A. With the approval of the bureau, school library material acquired by a school district or state institution pursuant to the School Library Material Act [22-15C-1 NMSA 1978] may be sold at a price determined by officials of the school district or state institution. The selling price shall not exceed the cost of school library material to the state.
B. A school district or state institution may hold a parent, guardian or student responsible for loss, damage or destruction of school library material while the school library material is in the possession of a student. A school district may withhold the grades, diploma and transcripts of a student responsible for damage or loss of school library material until the parent, guardian or student has paid for the damage or loss. When a parent, guardian or student is unable for pay for the damage or loss, the school district shall work with the parent, guardian or student to develop an alternative program in lieu of payment. Where a parent or guardian is determined to be indigent according to guidelines established by the state board [department], the school district shall bear the cost.
C. A school district or state institution that has funds remaining for the purchase of school library material at the end of a fiscal year shall retain the funds for expenditure in subsequent years.
22-15C-8. Record of school library material.
A school district or state institution shall keep an accurate record of school library material that includes a cost record. A school district or state institution shall comply with record-keeping procedures prescribed by the bureau.
Annually, at a time specified by the department of education, each local school district and state institution acquiring school library material pursuant to the School Library Material Act [22-15C-1 NMSA 1978] shall file a report with the department of education [public education department].
A. Annually, the department of education [public education department] shall submit a budget for the next fiscal year to the department of finance and administration showing expenditures for school library material to be paid from the fund, including reasonable shipping and handling charges and library material processing expenses.
B. Upon request, the department of education shall make reports to the state board [department] concerning the administration and execution of the School Library Material Act [22-15C-1 NMSA 1978].
A. Nothing in Article 19, Chapter 30 NMSA 1978 shall be construed to apply to any sale or drawing of any prize at any fair held in this state for the benefit of any church, public library or religious society situate or being in this state, or for charitable purposes when all the proceeds of such fair shall be expended in this state for the benefit of such church, public library, religious society or charitable purposes.
A lottery shall be operated for the benefit of the organization or charitable purpose only when the entire proceeds of the lottery go to the organization or charitable purpose and no part of such proceeds go to any individual member or employee thereof.
B. Nothing in Article 19, Chapter 30 NMSA 1978 shall be held to prohibit any bona fide motion picture theatre from offering prizes of cash or merchandise for advertising purposes, in connection with such business, or for the purpose of stimulating business, whether or not any consideration other than a monetary consideration in excess of the regular price of admission is exacted for participation in drawings for prizes.
C. Nothing in Article 19, Chapter 30 NMSA 1978 shall be held to apply to any bona fide county fair, including fairs for more than one county, which shall have been held annually at the same location for at least two years and which shall offer prizes of livestock or poultry in connection with such fair when the proceeds of such drawings shall be used for the benefit of said fair.
D. Nothing in Article 19, Chapter 30 NMSA 1978 shall be construed to apply to any lottery operated by an organization exempt from the state income tax pursuant to Subsection C [B] of Section 7-2-4 NMSA 1978 and not subject to the provisions of Subsection A of this section; provided that:
(1) no more than two lotteries shall be operated in any year by such an organization;
(2) all the gross proceeds less the reasonable cost of prizes of any lottery operated by such an organization shall be expended in the state for the benefit of the organization or public purposes; and
(3) no part of the proceeds of any lottery shall go to any individual member or employee of any organization except as payment for the purchase of prizes at no more than the reasonable retail price.
As used in this act:
A. "minor" means any unmarried person who has not reached his eighteenth birthday;
B. "nudity" means the showing of the male or female genitals, pubic area or buttocks with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state;
C. "sexual conduct" means act of masturbation, homosexuality, sodomy, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast;
D. "sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal;
E. "sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained;
F. "harmful to minors" means that quality of any description of representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse, when it:
(1) predominantly appeals to the prurient, shameful or morbid interest of minors; and
(2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(3) is utterly without redeeming social importance for minors; and
G. "knowingly" means having general knowledge of, or reason to know, or a belief or reasonable ground for belief which warrants further inspection or inquiry or both, of:
(1) the character and content of any material described herein, which is reasonably susceptible of examination by the defendant;
(2) the age of the minor.
30-37-2. Offenses; books; pictures.
It is unlawful for a person to knowingly sell, deliver, distribute, display for sale or provide to a minor, or knowingly to possess with intent to sell, deliver, distribute, display for sale or provide to a minor:
A. any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body, or any replica, Article or device having the appearance of either male or female genitals which depicts nudity, sexual conduct, sexual excitement or sado-masochistic abuse and which is harmful to minors; or
B. any book, pamphlet, magazine, printed matter however produced or sound recording which contains any matter enumerated in Subsection A of this section or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.
30-37-3. Offenses; motion pictures; plays.
It is unlawful for any person knowingly to exhibit to a minor or knowingly to provide to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors.
A. It is unlawful for the owner or operator of an outdoor motion picture theater to show or exhibit any motion picture which in whole or in part depicts unclothed sexual conduct in an outdoor theater unless the exhibitor can prove that the outdoor screen on which the picture is to be shown cannot be seen by any minor who has not taken extraordinary measures to view the screen or who is not within the area provided for those persons who have been admitted by a ticket or pass.
B. As used in this section, "unclothed sexual conduct" means an act of masturbation, homosexuality, sodomy, sexual intercourse or physical contact with a person's unclothed genitals, pubic area or buttocks.
C. The notice provisions of Section 30-37-4 NMSA 1978 shall not apply to this section.
30-37-3.2. Child solicitation by electronic communication device.
A. Child solicitation by electronic communication device consists of a person knowingly and intentionally soliciting a child under sixteen years of age, by means of an electronic communication device, to engage in sexual intercourse, sexual contact or in a sexual or obscene performance, or to engage in any other sexual conduct when the perpetrator is at least four years older than the child.
B. Whoever commits child solicitation by electronic communication device is guilty of a:
(1) fourth degree felony if the child is at least thirteen but under sixteen years of age; or
(2) third degree felony if the child is under thirteen years of age.
C. Whoever commits child solicitation by electronic communication device and also appears for, attends or is present at a meeting that the person arranged pursuant to the solicitation is guilty of a:
(1) third degree felony if the child is at least thirteen but under sixteen years of age; or
(2) second degree felony if the child is under thirteen years of age.
D. In a prosecution for child solicitation by electronic communication device, it is not a defense that the intended victim of the defendant was a peace officer posing as a child under sixteen years of age.
E. For purposes of determining jurisdiction, child solicitation by electronic communication device is committed in this state if an electronic communication device transmission either originates or is received in this state.
F. As used in this section, "electronic communication device" means a computer, video recorder, digital camera, fax machine, telephone, cellular telephone, pager, audio equipment or any other device that can produce an electronically generated image, message or signal.
A. No prosecution based under this act shall be commenced unless the district attorney of the county in which the offense occurs shall have previously determined that the matter or performance is harmful to minors and the defendant shall have received actual or constructive notice of such determination. Persons shall be presumed to have constructive notice of such determination on the fifth business day following publication of a notice of such determination in a newspaper of general circulation in the county in which the prosecution takes place.
B. Any person adversely affected by such determination may, at any time within thirty days after such notice is given, seek a judicial determination of its correctness. The court shall, unless otherwise agreed by the parties, render judgment not later than two court days following trial. Filing of an action under this section shall stay prosecution until a judicial determination is rendered, but no appeal shall have such effect unless so ordered by the trial court.
C. No criminal action shall be commenced in any other judicial district within this state during the pendency of the civil action authorized by Subsection B of Section 4 [this section] regarding the same matter, exhibition or performance.
No person shall be guilty of violating the provisions of this act:
A. where such person had reasonable cause to believe that the minor involved had reached his eighteenth birthday, and such minor exhibited to such person a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor had reached his eighteenth birthday; or
B. if the minor was accompanied by his parent or guardian, or the parent or guardian has in writing waived the application of this act either generally or with reference to the particular transaction; or
C. where such person had reasonable cause to believe that the person was the parent or guardian of the minor; or
D. where such person is a bona fide school, museum or public library, or is acting in his capacity as an employee of such organization, or as a retail outlet affiliated with and serving the educational purposes of such organization.
[Copies of reports of state officers, biennial budget and session laws transmitted to congressional library.]
The officer or employee of this state having charge of the publication of the public documents hereinafter mentioned shall transmit the same to the librarian of congress for the use of members of congress from New Mexico and others interested, if and when printed, as follows: 2 [two] copies each of the biennial budget, of the reports and official opinions of the attorney general of the state, and of all separate compilations of laws issued by state officers; 1 [one] copy each of the legislative journals and other documents published by order of the state legislature or either house thereof and of all reports, bulletins, circulars, pamphlets, maps, charts and other official publications of any executive department, office, commission, bureau, board or state institution now existing or hereafter authorized by law.
69-1-2. Purposes and functions.
The objects and duties of the bureau of geology and mineral resources are as follows:
A. to collect, compile and publish information relative to New Mexico, geology, mining, milling, metallurgy and oil and natural gas and the refining thereof;
B. to collect typical geological and mineral specimens and samples of products; to collect photographs, models and drawings related to mines, mills, smelters, oil wells, natural gas wells and the refineries of oil and natural gas in New Mexico;
C. to collect a library and bibliography of literature pertaining to the progress of geology, hydrogeology, mining, milling, smelting and oil and natural gas production and refining in New Mexico;
D. to map and study the geological formations of the state with special reference to their economic mineral resources, both metallic and nonmetallic, and to their location and physical and chemical characteristics pertinent to ground water resources;
E. to examine the topography and physical features of the state with reference to their practical bearing upon the citizens of New Mexico, as well as potential risks to them, including geologic hazards such as landslides, soil instabilities, earthquakes and volcanic eruptions;
F. to study the mining, milling, smelting operations and oil and natural gas production and the refining of the same carried on in the state with special reference to their improvement;
G. to prepare and publish bulletins and reports with the necessary illustrations and maps, which shall embrace both a general and detailed description of the natural resources and geology, mines, mineral deposits, both metallic and nonmetallic, ground water resources, oil wells, natural gas wells, smelters, mills, oil refineries and natural gas refineries;
H. to make qualitative and quantitative examinations of rocks and mineral samples and specimens;
I. to assist in the education of miners, industries and the general public through lectures, publications and other means of information dissemination;
J. to consider such other scientific and economic problems and questions as in the judgment of the board of regents of New Mexico institute of mining and technology shall be deemed of value to the people of the state;
K. to communicate special information on New Mexico geology, ground water hydrology, mining, both metallic and nonmetallic, oil and natural gas and to serve as a bureau of exchange and information on the mineral, oil and natural gas and ground water resources of New Mexico;
L. to cooperate with other universities in New Mexico, the state mine inspector, the state engineer and other departments of state government as may be mutually beneficial and to cooperate with the United States geological survey and with other federal agencies in accordance with the regulations of those institutions;
M. to coordinate with the mining and minerals division and the secretary of energy, minerals and natural resources in the formulation of overall policy in the area of mining and minerals;
N. to assist the secretary of energy, minerals and natural resources with those projects that come within the expertise and jurisdiction of the bureau of geology and mineral resources; and
O. to assist the state engineer in refining understanding of the stratigraphy, structure and aquifer characteristics of geological formations in ground water basins.
The supreme court and the district court libraries of the State of New Mexico shall be open to the public on regular court business days. Individual courts may by rule limit public access to their libraries, provided such rules adequately ensure that the public is not denied access to the law.