HOUSE HEALTH AND GOVERNMENT AFFAIRS COMMITTEE SUBSTITUTE FOR
HOUSE BILL 226
48th legislature - STATE OF NEW MEXICO - second session, 2008
AN ACT
RELATING TO THE PERFORMING ARTS; CREATING THE AFRICAN-AMERICAN PERFORMING ARTS CENTER AUTHORITY; PROVIDING DUTIES; CREATING A FUND; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "African-American Performing Arts Center Authority Act".
Section 2. DEFINITIONS.--As used in the African-American Performing Arts Center Authority Act:
A. "authority" means the African-American performing arts center authority; and
B. "director" means the director of the authority.
Section 3. AUTHORITY--CREATED--MEMBERSHIP.--
A. The "African-American performing arts center authority" is created, consisting of nine members as follows:
(1) three members representing the African-American performing arts center foundation, appointed by the board of directors of the foundation;
(2) one member representing each of the three occupants of the African-American performing arts center and exhibit hall, appointed by the appropriate governing board; and
(3) three members appointed for staggered four-year terms by the governor.
B. The authority shall elect a chair and such other officers as it deems necessary to carry out its duties.
C. A majority of the appointed members of the authority shall constitute a quorum for the transaction of business of the authority.
D. Members of the authority shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
Section 4. ADMINISTRATIVELY ATTACHED AGENCY.--The authority is administratively attached through the state fair commission to the tourism department.
Section 5. DUTIES OF AUTHORITY.--The authority shall:
A. meet at the call of the chair, but not less than quarterly;
B. hire a director who shall serve as the administrative officer of the authority. The director shall employ such other staff as necessary to carry out the duties of the authority. The director and staff of the authority shall be exempt from the provisions of the Personnel Act;
C. create and implement policies and procedures consistent with those of the African-American performing arts center foundation;
D. in conjunction with the African-American performing arts center foundation, coordinate all activities, have the exclusive direction and control and be responsible for all aspects of the administration of the African-American performing arts center and exhibit hall;
E. administer the African-American performing arts center and exhibit hall:
(1) in a manner that will help educate the public about the history and contributions of African-Americans in New Mexico;
(2) as a place where people of all ages throughout the state can visit, study, work, perform and celebrate the contributions and significance of African-Americans in New Mexico;
(3) so that New Mexicans will be able to link their future with their past through literature, fine art, modern dance and music, storytelling, poetry and prose, painting, sculpture, movement and song;
(4) in coordination with other culturally unique facilities that celebrate New Mexico's rich and diverse heritage;
(5) as a place to house permanent and traveling art exhibits, as well as to provide public education programs on the history, culture and arts of people of African descent; and
(6) with a mission of educating, through exhibits, performances and community outreach, New Mexicans of all ages, cultures and ethnic groups about the rich history, heritage, culture and arts of the African-American community;
F. charge such fees as it deems reasonable for use of the African-American performing arts center and exhibit hall; admission to performances, events and exhibits; and concessions. All money collected by the authority shall be deposited in the African-American performing arts center fund and may be expended pursuant to Section 6 of the African-American Performing Arts Center Authority Act;
G. negotiate a long-term lease with the state fair commission for the occupancy and use of the building in which the African-American performing arts center and exhibit hall is located. The lease shall provide that the state fair commission shall continue to provide those services, including free access and available and free parking for events, security, maintenance, trash collection, utilities and technical services that were provided prior to the effective date of the African-American Performing Arts Center Authority Act; and
H. negotiate subleases with the tenants of the building in which the African-American performing arts center and exhibit hall is located. All rents collected by the authority pursuant to the subleases shall be deposited in the African-American performing arts center fund and may be expended pursuant to Section 6 of the African-American Performing Arts Center Authority Act.
Section 6. AFRICAN-AMERICAN PERFORMING ARTS CENTER FUND.--The "African-American performing arts center fund" is created in the state treasury. The fund shall consist of transfers, appropriations, gifts, grants, donations and bequests made to the fund and deposits into the fund of fees, rents and other revenue received by the authority pursuant to the African-American Performing Arts Center Authority Act. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the authority for the purposes of carrying out the provisions of the African-American Performing Arts Center Authority Act. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the director.
Section 7. TEMPORARY PROVISION--TRANSFER.--On the effective date of this act:
A. all non-capital-outlay appropriations and money of the state fair commission that are directly related to the African-American performing arts center and exhibit hall shall be transferred to the African-American performing arts center fund;
B. all capital outlay appropriations, personnel, records, equipment, supplies and other property of the state fair commission that are directly related to the African-American performing arts center and exhibit hall shall be transferred to the African-American performing arts center authority; and
C. all contracts of the state fair commission that are directly related to the African-American performing arts center and exhibit hall shall be binding on the African-American performing arts center authority.
Section 8. APPROPRIATION.--Four hundred fifty thousand dollars ($450,000) is appropriated from the general fund to the African-American performing arts center fund for expenditure in fiscal year 2009 and subsequent fiscal years for the purpose of carrying out the provisions of the African-American Performing Arts Center Authority Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
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