New Mexico Arts Statutes

Article 5 Arts Commission and Division
Title 4 Cultural Resources

ARTICLE 5
Arts Commission and Division

18-5-1. Findings; declaration.

The legislature finds and declares:

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

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

18-5-2. Definitions.

As used in Chapter 18, Article 5 NMSA 1978:

  1. "commission" means the New Mexico arts commission;
  2. "creative arts" means the act of writing, composing or designating and executing literature, including poetry; drama; music, including opera and choral works; ballet and dance; painting; sculpturing; graphic arts; photography; crafts; architecture; and films and television;
  3. "director" means the executive head of the division;
  4. "division" means the arts division of the cultural affairs department; and
  5. "interpretative arts" means the act of interpreting the creative arts, including designing, publishing, printing and collecting of books; the producing, directing and performing of dramas; the performing of music and the producing, directing and performing of operas and choral works; the producing, directing and performing of ballet and dance; the conservation of architecture; and the producing, directing and performing of films and television.

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

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

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

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

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

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

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

18-5-5. Commission; duties.

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

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

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

  1. The "arts division" is created within the cultural affairs department.
  2. Subject to the authority of the secretary of cultural affairs, the administrative and executive head of the arts division is the "director" of the arts division. The director shall be hired by the secretary from a list of three to five names supplied by the commission.

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

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

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

  1. to advise and assist public agencies in planning civic beautification;
  2. B. to foster appreciation for the fine arts;
  3. C. to make this state more appealing to the world;
  4. D. to encourage the creative activity in the arts of residents of this state, and to attract to this state's residency additional outstanding creators in the field of fine arts through appropriate programs of publicity, education, coordination and direct activities such as sponsorship of performing and visual arts;
  5. E. to accept on behalf of the state such donations of money, property or memorials as, in its discretion, are suitable and shall best further the aims of Sections 18-5-1 through 18-5-7 NMSA 1978. The division shall be empowered to accept any additional gifts, contributions or bequests from private persons, corporations, foundations or agencies or the federal government. Such money so gained may be reemployed as part of a revolving fund to be used to further the purpose of Sections 18-5-1 through 18-5-7 NMSA 1978;
  6. F. to make, through its director, rules and regulations necessary to administer the division and as provided by law; and
  7. G. to perform other duties as provided by law.

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

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

ARTICLE 16
Music Commission

18-16-1. Short title.

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

History: Laws 2009, ch. 13, § 1.

18-16-2. Definitions.

As used in the Music Commission Act:

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

History: Laws 2009, ch. 13, § 2.

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

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

History: Laws 2009, ch. 13, § 3.

18-16-4. Music commission; duties.

The commission shall:

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

History: Laws 2009, ch. 13, § 4.

ARTICLE 15
Economic Development Department

9-15-35. Program created; purposes.

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

History: Laws 1991, ch. 27, § 1.

ARTICLE 4A
Art in Public Places

13-4A-1. Short title.

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

History: Laws 1986, ch. 11, § 1.

13-4A-2. Legislative declaration.

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

History: Laws 1986, ch. 11, § 2.

13-4A-3. Definitions.

As used in the Art in Public Places Act:

  1. "agency" means all state departments and agencies, boards, councils, institutions, commissions and quasi-public corporations, including all state educational institutions enumerated in Article 12, Section 11 of the constitution of New Mexico, and all statutorily created post-secondary educational institutions;
  2. "architect" means the person or firm designing the project for the contracting agency to which the one percent provision pursuant to Section 13-4A-4 NMSA 1978 applies;
  3. "contracting agency" means the agency having the control, management and power to enter into contracts for new construction or renovation of any public building;
  4. "division" means the arts division of the cultural affairs department;
  5. "public buildings" means those buildings under the control and management of the facilities management division of the general services department, the department of game and fish, the energy, minerals and natural resources department, the department of transportation, the state fair commission, the supreme court, the commissioner of public lands, the cultural affairs department, the governing boards of the state educational institutions and statutorily created post-secondary educational institutions, the public education department and the legislature or all buildings constructed with funds appropriated by the legislature. For the purposes of the Art in Public Places Act, "public buildings" does not include such auxiliary buildings as maintenance plants, correctional facilities, warehouses or temporary structures; and
  6. "work of art" means any work of visual art, including but not limited to a drawing, painting, mural, fresco, sculpture, mosaic or photograph; a work of calligraphy; a work of graphic art, including an etching, lithograph, offset print, silk screen or a work of graphic art of like nature; works in clay, textile, fiber, wood, metal, plastic, glass and like materials; or mixed media, including a collage or assemblage or any combination of the foregoing art media that is chosen to be included in or immediately adjoining the public building under consideration. Under special circumstances, the term may include environmental landscaping if approved by the division.

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

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

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

History: Laws 1986, ch. 11, § 4.

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

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

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

13-4A-6. Works of art.

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

History: Laws 1986, ch. 11, § 6.

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

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

History: Laws 1986, ch. 11, § 7.

13-4A-8. Artist selection.

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

History: Laws 1986, ch. 11, § 8.

13-4A-9. Separate contracts.

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

History: Laws 1986, ch. 11, § 9.

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

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

History: Laws 1986, ch. 11, § 10.

13-4A-11. Maintenance.

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

History: Laws 1986, ch. 11, § 11.


State Records and Archives

TITLE 4  CULTURAL RESOURCES

CHAPTER 12  COMMUNITY ART RESOURCES

PART 11  ART IN PUBLIC PLACES PROGRAM

 

4.12.11.1               ISSUING AGENCY:  Department of Cultural Affairs, New Mexico Arts (NMA) Division, Art in Public Places Program.

[4.12.11.1 NMAC - Rp, 4.12.11.1 NMAC, 9-30-2009; A, 01-01-2019]

 

4.12.11.2               SCOPE:  All state departments and agencies, boards, councils, institutions, commissions and quasi-corporations, including all state educational institutions enumerated in Article 12. Section 11 of the constitution of New Mexico, and all statutorily created post-secondary educational institutions.

[4.12.11.2 NMAC - Rp, 4.12.11.2 NMAC, 9-30-2009]

 

4.12.11.3               STATUTORY AUTHORITY:  Sections 9-4A-6, 13-4A-10, and 18-5-7 NMSA 1978.

[4.12.11.3 NMAC - Rp, 4.12.11.3 NMAC, 9-30-2009]

 

4.12.11.4               DURATION:  Permanent.

[4.12.11.4 NMAC - Rp, 4.12.11.4 NMAC, 9-30-2009]

 

4.12.11.5               EFFECTIVE DATE:  September 30, 2009 unless a later date is cited at the end of a section.

[4.12.11.5 NMAC - Rp, 4.12.11.5 NMAC, 9-30-2009]

 

4.12.11.6               OBJECTIVE:  The objective of this part is to interpret, implement and enforce the provisions of the Art in Public Places (AIPP) Act, Section 13-4A-1 to 13-4A-11 NMSA 1978.

[4.12.11.6 NMAC - Rp, 4.12.11.6 NMAC, 9-30-2009]

 

4.12.11.7               DEFINITIONS:  As used in this rule, in addition to those defined at 4.12.1.7 NMAC the following definitions apply.

                A.            “AIPP funds” means the funds allocated for the acquisition and installation of art from appropriations for new construction or renovations, as described in the arts in public places act, and is comprised of site-specific funds, see Section 13-4A-4(A) NMSA 1978, and auxiliary funds, see section 13-4A-4(B) NMSA 1978.

                B.            “AIPP program” means the arts in public places program of NMA that administers all aspects of the arts in public places program and the public art selection process.

                C.            “AIPP staff” means the project coordinator or contractor with the AIPP program who is assigned to facilitate the public art selection process.

                D.            “Art selection committee” means the committee that selects the artwork and the artist for a commission or purchase project.  See Subsections (M), (T), and (X) of 4.12.11.7 NMAC for the different types of art selection committees.

                E.            “Art selection process” means the open and fair process of selecting artwork for placement in public buildings/property.  The art selection process requires that representatives of the local community or region participate in the selection of the artist or artwork as members of a selection committee.

                F.            “Artist submission” means a high-quality example of artistic work and supporting documentation that fulfills the submission requirements stated in the prospectus.

                G.            “Auxiliary Funds” means the AIPP funds allocated pursuant to Subsection B of Section 13-4A-4 NMSA 1978 for new construction or renovation of structures which are excluded from the provisions of the Art in Public Places Act under Subsection E of Section 13-4A-3 NMSA 1978.  “Auxiliary Funds” may be expended on the acquisition and installation of art for existing public buildings as well as for administrative costs incurred by NMA for the implementation for the Art in Public Places Act.

                H.            “Building” means a relatively permanent structure or facility which includes fixtures and other built-ins and that is used for any of a wide variety of activities, including but not limited to plazas, parks and arenas.

                I.             “Commission” or “commission project” means the process of selecting a work of art to be designed and created for a specific building or site.

                J.             “Construct” means to make or form a building or make major renovations to a building and may include the cost of commissioning a building for energy efficient green building standards (i.e. LEED certification), as required by law; used interchangeably with “build”.

                K.            “Deaccession” means the act of permanently removing an artwork from the state’s public art collection.

                L.            “Finalist” means the individuals or artist teams selected from all artist submissions by the LSC to present maquettes, drawings, and other material for consideration as the selected artist for a commission project.

                M.           “Local selection committee or LSC” means the committee of five to eleven members excluding AIPP staff, that selects a site, develops a prospectus, and select an artist for the site.

                N.            “Maquette” means a finalist’s scale model of the proposed artwork or other appropriate means of expressing the artist’s idea.

                O.            “New Mexico artist” means an artist who resides in New Mexico. If an artist resides in New Mexico for only part of the year, to qualify as a New Mexican artist, the artist must reside in New Mexico for at least ninety days out of the year and have maintained this part-time residency for at least two years consecutively.

                P.            “Public art collection” means the collection of artwork which has been acquired by the NMA for display in public building throughout the state.

                Q.            “Project director” means the delegated individual who is responsible for working with the AIPP staff to oversee the art selection process for a commission project.  The project director is usually a representative or designee of the owner or the group using the building under construction or renovation.

                R.            “Prospectus” means the document issued by the arts division for the purpose of publicly stating the criteria for the specific project.  The prospectus is made available to all artists who are interested in applying and are created for each commission project.

                S.             “Purchase project” or “purchase” means the process of acquiring an artwork that has previously been created by an artist and is selected by the RBC for their site. NMA shall determine the maximum number of artworks a site may purchase.

                T.            “Regional buying committee” or “RBC” means the committee made up of two to three local representatives of a public building or site receiving AIPP funds for the purchase of artwork.  The RBC is responsible for the selection of artwork for their site.

                U.            “Selection criteria” means a varying list of qualifications included in the prospectus, which an artist’s submission must meet to be considered by an art selection committee for a public art project.

                V.            “Site” means the place where the public artwork shall be located.

                W.           “Site specific” means artwork that is created for, and tailored to a particular site and community.  Pre-existing artwork does not qualify as site specific.

                X.            “Submission review panel” or “SRP” means the committee comprised of a minimum of five members who are artists or arts professionals that review artist submissions for purchase projects and make recommendations to NMA, following a set of criteria, for the selection of a manageable number of artworks to be viewed by RBC and purchased by public agencies.

[4.12.11.7 NMAC - Rp, 4.12.11.7 NMAC, 9-30-2009; A, 01-01-2019]

 

4.12.11.8               ADMINISTRATION OF AIPP PROGRAM AND FUNDS:  The AIPP program shall administer and use funds derived from the Art in Public Places Act to acquire works of art, in consultation with art selection committees through either the commission process or the purchase process,  for installation and display in, upon, or around public buildings throughout New Mexico which reflect the cultural, ethnic and artistic diversity of New Mexico, the region, and the nation. Public artworks may be an integral part of the building, attached to the building, detached within or outside the structures or placed on public lands, part of a temporary exhibit or loaned or exhibited by the agency in other public facilities.

                A.            The AIPP program may aggregate AIPP funds, when appropriate and with concurrence of the site owner, for a more significant public art project. There is no limit to the amount of funds that may be aggregated and allocated for a specific project.

                B.            The AIPP Program shall determine how auxiliary funds will be utilized.

                                (1)           Auxiliary funds may be used to acquire and install works of art for existing public buildings in accordance with the Art in Public Places Act, or works of art that are available for loan in, upon, or around public buildings.

                                (2)           Auxiliary funds may also be used NMA for administrative costs incurred by NMA for the implementation of the Art in Public Places Act.

                C.            Applicability of Art in Public Places Act.

                                (1)           A statewide repair appropriation is not subject to the one percent allocation.

                                (2)           Determination of whether the Art in Public Places Act applies to a project is made by the AIPP Program and is based on the original appropriation.

                                (3)           Reauthorized appropriations for which the original appropriation was subject to the Art in Public Places Act shall remain subject to the AIPP allocation. In these instances, the one percent allocation shall be placed in the auxiliary fund. If the original appropriation was not subject to the Art in Public Places Act, then no funds will be allocated to the AIPP, regardless of the purpose of the reauthorized appropriation.

                D.            If after four (4) years and five (5) documented attempts to contact the site owner to spend site-specific AIPP funds, the funds remain unspent, the AIPP funds may, at the discretion of the AIPP Program, be designated as auxiliary funds. Written notice of the auxiliary designation shall be sent to the site owner with a copy retained in the project file.

[4.12.11.8 NMAC - Rp, 4.12.11.8 NMAC, 9-30-2009; A, 01-01-2019]

 

4.12.11.9               GENERAL COMMISSION PROCEDURES:

                A.            Project director.

                                (1)           Each AIPP project shall delegate a project director, who is responsible for making the selection process occur.  The AIPP office works with the project director and assists them in guiding the selection process.

                                (2)           The project director is usually a representative of the group actually using the particular building under construction, or may be a representative of the owner of the public building, or any other designee.

                                (3)           A description of the project director's responsibilities is available from the AIPP office.

                B.            The local selection committee.

                                (1)           The most integral component of the AIPP program is that local community members are responsible for the selection of the artwork for their community.

                                (2)           Local participation in decision-making is a major concern of the AIPP office.

                C.            Membership appointment:  The LSC members are appointed by the user or owner of the public building, or his designee, or the AIPP staff.

                D.            Membership composition.

                                (1)           The LSC is composed of five to 11 members excluding the AIPP staff.

                                (2)           A majority of the individuals on this committee shall be residents of the community in which the project shall take place.

                                (3)           The membership of the committee shall reflect the cultural diversity of the community involved.

                E.            Committee members shall include the following.

                                (1)           A representative of the residents or users of the building.

                                (2)           The owner representative or a designee, of the public building.

                                (3)           An architect, preferably the architect of the construction project (or engineer or other appropriate design or construction professional, associated with the building if possible).

                                (4)           One arts professional or community art representative.

                                (5)           One artist who agrees to abstain from consideration for the project and works in similar media or style of artwork requested in the prospectus.

                                (6)           All five key members listed above shall be present for a meeting to occur.

                                (7)           Up to two community or student representatives or a member of the board of regents for a college or university shall serve on the LSC.

                F.            LSC responsibilities.

                                (1)           The LSC is responsible for the selection of art for the identified public building, using a public selection process and adhering to the procedures developed by NMA.

                                (2)           Each AIPP project has a defined amount of state money available for the commission of art.

                                (3)           The LSC may raise additional funds through other sources to supplement the state funding or secure the donation of in-kind services to assist the selected artist in the creation of his artwork.

                                (4)           The LSC shall collaborate with the AIPP staff to develop the specific criteria for the project to be included in the prospectus.  The AIPP staff develops the prospectus and the LSC approves of the document prior to its circulation to the public.

                                (5)           The LSC shall select the artist for the project based on the prospectus and specific criteria included in a written and tangible proposal for the proposed artwork.

                                (6)           A majority vote is required for an artist to be selected as the final artist and the selection shall be formally approved, duly moved and seconded.

[4.12.11.9 NMAC - Rp, 4.12.11.9 NMAC, 9-30-2009; A, 01-01-2019]

 

4.12.11.10             GENERAL PURCHASE PROCEDURES:

                A.            NMA shall develop and advertise a prospectus that invites artists meeting specific criteria outlined in the prospectus, to apply with previously created artwork for review to be selected by sites.

                B.            The SRP shall review the artist submissions based on criteria specific to the prospectus and determine which artworks will be presented to the RBC for selection of artwork for a site.

                C.            The RBC representatives from a site shall review and select artwork for their specific site.

                D.            It is desired that a visual art professional or artist participate in the RBC art selection process to serve as a resource person.

[4.12.11.10 NMAC - N, 9-30-2009; A, 01-01-2019]

 

4.12.11.11             OVERVIEW OF ART SELECTION PROCESS:

                A.            An AIPP staff member shall guide the art selection committee through the art selection process.

                B.            Meetings of the LSC shall be held at the building site or any other suitable location.  RBC meetings shall take place at a central public location within each region.

                C.            There shall be a minimum number of meetings for the RBC to purchase artwork, although the LSC may meet numerous times for a commission project.

                D.            After a prospectus is developed and advertised, artists may submit for the project according to the terms of the prospectus.

                E.            The art selection committee shall evaluate the artist submissions and select an artist or artwork for the project.

                F.            Each of these steps may vary in length of time and number of meetings necessary to accomplish the acquisition or commissioning of the artwork.

[4.12.11.11 NMAC - Rp, 4.12.11.11 NMAC, 9-30-2009]

 

4.12.11.12             DEVELOPMENT OF THE PROSPECTUS:

                A.            There are two types of prospectuses.

                                (1)           Purchase prospectus - created by AIPP staff for several sites. Each site’s RBC selects artwork for its facility.

                                (2)           Commission prospectus - created by AIPP staff in collaboration with the LSC. These are site-specific works created exclusively for a certain location.

                B.            For a commission prospectus.

                                (1)           The LSC shall consider various criteria in order to identify what type of art it is looking for.  The criteria must be written into a prospectus.

                                (2)           LSC members have a responsibility to determine as much about what they want as possible and to include that information in the prospectus, in order not to waste their own time reviewing needless submissions, or the time of artists in preparing inappropriate submissions.

                C.            Factors to be considered for the prospectus include the following.

                                (1)           Location - interior, exterior and any other particular locations should be considered.  When possible, AIPP staff encourages the art selection committee to select artwork that can be an integral part of the structure.

                                (2)           Medium - determination of suitable materials composing the artwork, size/scale of the artwork, two or three dimensional artwork, maintenance and the budget available in relation to the scope of the project and potential sites.

                                (3)           Style - the style an artist uses to express his ideas.  For example, traditional, folk-art, abstract, non-objective, figurative, representational, etc.

                                (4)           Eligibility - all competitions are open to New Mexico artists, and, depending on the scope of a project, the competition may be open to larger regions.

                                (5)           Receipt deadline - the designated date when artist submissions must be received by NMA to remain eligible for the project.  The art selection committee shall not review late submissions or incomplete artist submissions.

                                (6)           Art selection process - all AIPP projects must be open and fair competitions.

                                (7)           Submission requirements - the specific materials the artist must submit as part of the artist submission.

                D.            Distribution of the prospectus - the prospectus shall be advertised and distributed in such a way as to reach as many artists as possible and shall include one or more of the following methods:

                                (1)           NMA email blast, newsletter, the NMA website--www.nmarts.org, and NMA social media outlets (e.g. Facebook, Instagram) or other comparable methods.

                                (2)           Public service announcements - the NMA staff shall send public service announcements to appropriate media, including newspapers, arts publications, and radio stations, locally, statewide and nationally.

                                (3)           Press advertisements - the art selection committee may designate one member who shall make sure the project is advertised in the local media.

                                (4)           Other information outlets - traditional media outlets are often insufficient to generate the participation of certain artists.  If an art selection committee is interested in a particular constituency group, the art selection committee members shall make an effort to make whatever contact possible with members of that group and enlist their help in spreading the word.

                                (5)           Invitational competition. - in addition to having a competition open to all eligible artists, prospectuses may be distributed to targeted artists to encourage them to apply.

[4.12.11.12 NMAC - Rp, 4.12.11.12 NMAC, 9-30-2009; A, 01-01-2019]

 

4.12.11.13             REVIEW OF ARTIST SUBMISSIONS:

                A.            The art selection committee shall review the submissions of the artists who have responded to the prospectus with complete and timely submissions.

                B.            At a purchase review meeting, the SRP shall determine the artwork that will travel to the purchase sites for RBC review.

                C.            For most commission projects, a number of finalists shall be identified, who are then requested to submit additional materials, usually a site-specific tangible (both written and created) proposal for the artwork and a presentation to the LSC. No more than five finalists shall be selected for each site.

[4.12.11.13 NMAC - Rp, 4.12.11.13 NMAC, 9-30-2009]

 

4.12.11.14             FINAL SELECTION:

                A.            The final selection of an artist and artwork for a commission project shall be made by the LSC, as described at 4.12.11.9 above.  The final selection of the artwork for a purchase project shall be decided by the site’s RBC.

                B.            AIPP staff shall notify the selected artist in writing, addressing any follow-up information requested by the art selection committee.

                C.            In the notification letter, AIPP staff must clarify that although the artist has been selected, no binding agreement is in place unless and until a contract is signed by the artist, the owner, and NMA.

                D.            Notice shall also be provided by AIPP staff to those artists who submitted but were not selected for the project.

[4.12.11.14 NMAC - Rp, 4.12.11.14 NMAC, 9-30-2009]

 

4.12.11.15             VARIATIONS TO PROCEDURES:

                A.            NMA has established these procedures as guidelines to be followed in the art selection process.

                B.            Opportunities may be identified during the art selection process that may require modification to these procedures.

                C.            Variations may be incorporated into the art selection process with the approval of the AIPP program director.

[4.12.11.15 NMAC - Rp, 4.12.11.15 NMAC, 9-30-2009; A, 01-01-2019]

 

4.12.11.16             CONTRACT DEVELOPMENT:

                A.            NMA has established these procedures as guidelines to be followed in the art selection process.

                B.            All responsibilities involved in the execution, delivery and installation of the work of art must be delineated in the contract.

                C.            No art selection process shall be considered final and binding unless and until all the required signatures on the contract have been obtained.  The contract shall be signed by the artist, the owner agency, NMA and any other state agency as may be required by state law.

                D.            After all signatures required on the contract have been obtained, the artist or holder of the artwork shall be notified and the work of art may be either delivered or created.

[4.12.11.16 NMAC - Rp, 4.12.11.16 NMAC, 9-30-2009]

 

HISTORY of 4.12.11 NMAC:

Pre-NMAC History:

The material in this part was derived from that previously filed with the state records center & archives under:

NMAD 88-1, New Mexico Arts Division Grants Guidelines 1988-89, filed 3-28-88.

NMAD 89-1, New Mexico Arts Division Grants Guidelines 1989-90, filed 1-9-89.

NMAD 89-3, New Mexico Arts Division: Arts in Education Grants Guidelines 1989-1990, filed 3-24-89.

NMAD 90-1, New Mexico Arts Division 1990-91 Program Guidelines, filed 2-7-90.

NMAD 91-1, New Mexico Arts Division 1991-92 Program Guidelines, filed 2-26-91.

NMAD 91-1, Amendment 1, filed 12-20-91.

NMAD 93-1, New Mexico Arts Division 1993-94 Program Guidelines, filed 1-8-93.

NMAD 93-1, Amendment 1, New Mexico Arts Division 1994-95 Program Guidelines, filed 6-30-94.

 

History of Repealed Material:

4 NMAC 12.11, Art In Public Places Program - Repealed 7-31-2000.

4.12.11 NMAC, Art In Public Places Program (filed 7-12-2000) - Repealed 11-13-2003.

4.12.11 NMAC, Art In Public Places Program (filed 10-28-2003) - Repealed 9-30-2009.

 

Other History:

NMAD 93-1, New Mexico Arts Division 1993-94 Program Guidelines (filed 1-8-93) that relevant portion replaced by 4 NMAC 12.11 NMAC, Community Art Resources - Art in Public Places Program, effective 10-15-1998.

4 NMAC 12.11 NMAC, Community Art Resources - Art in Public Places Program (filed 9-30-1998) replaced by 4.12.11 NMAC, Community Art Resources - Art in Public Places Program, effective 7-31-2000.

4.12.11 NMAC, Community Art Resources - Art in Public Places Program (filed 7-12-2000) replaced by 4.12.11 NMAC, Community Art Resources - Art in Public Places Program, effective 11-13-2003.

4.12.11 NMAC, Community Art Resources - Art in Public Places Program (filed 10-28-2003) replaced by 4.12.11 NMAC, Community Art Resources - Art in Public Places Program, effective 9-30-2009.