A. The board shall:

(1) exercise trusteeship over the collections of the center;

(2) accept and hold title to all property for the center's use;

(3) review annually the performance of the director and report its findings to the secretary of cultural affairs;

(4) acquire objects relating to Hispanic culture and history of interest to the public and real property for the center's use or benefit by purchase, donation and bequest;

(5) solicit funds or property for the development of the center, its collections and its programs;

(6) adopt rules as appropriate governing:

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

(b) gifts, donations or loans of exhibit or collection materials to the center;

(c) the licensure of the center's intellectual property; and

(d) other matters necessary to carry out the provisions of the National Hispanic Cultural Center Act;

(7) enter into leases with public or private organizations or agencies for the use of center premises or facilities for periods of time that exceed forty-five days;

(8) cooperate with other agencies and political subdivisions of municipal, state, tribal and federal governments and private organizations and individuals to the extent necessary to establish and maintain the center and its programs;

(9) subject to other provisions of law and excepting temporary statewide initiatives of the secretary of cultural affairs, impose admission fees to the center's facilities and programs; and

(10) establish policy, determine the mission and direct the development of the center.

B. The board may, beginning July 1, 2015, enter into or remain a party to an operating agreement with a nonprofit organization only if the operating agreement allows the governing board of the nonprofit organization to appoint two of its voting board members to serve on the center's board and only if the governing board of the nonprofit organization has at least five members.

C. If a person is concurrently a member of the center's board and a member of the governing board of the nonprofit organization that has an operating agreement with the board that complies with Section 6-5A-1 NMSA 1978, that person shall not vote on matters relating to the operating agreement.

History: Laws 1993, ch. 42, § 5; 2004, ch. 25, § 49; 2015, ch. 19, § 16.

The 2015 amendment, effective July 1, 2015, provided for additional duties and responsibilities for the board of directors of the national Hispanic cultural center; redesignated the previously undesignated introductory phrase "The board shall" as Subsection A and redesignated former Subsections A, B and C as Paragraphs (1), (2) and (3) of Subsection A, respectively; deleted former Subsection D relating to the power to enter into agreements with private or public entities and added Paragraph (4) of Subsection A; in former Subsection E, deleted "authorize the director to", and redesignated the subsection as Paragraph (5) of Subsection A, and at the beginning, after "solicit", deleted "and receive", and after "property", deleted "of any nature"; deleted former Subsection F relating to the adoption of rules; added Paragraphs (6), (7), (8) and (9) of Subsection A; redesignated former Subsection G as Paragraph (10) of Subsection A; and added Subsections B and C.

The 2004 amendment, effective May 19, 2004, in Subsection C, changed "cultural affairs officer" to "secretary of cultural affairs".