Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR HHGAC

ORIGINAL DATE

LAST UPDATED

1/30/2008

2/1/2008 HB CS/226/aHAFC

SHORT TITLE

Creating the African American Performing Arts

Authority

SB

ANALYST Leger

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB6, HB103, HB107

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico State Fair Commission (SFC)

New Mexico Department of Tourism

Attorney Generals Office (AGO)

SUMMARY

Synopsis of HAFC Amendment

House Health and Government Affairs Committee Substitute for House Bill 226 as amended by

HAFC strikes the words “making an appropriation" on page 1, line 13 and strikes section 8 in its

entirety.

Synopsis of Bill Original Bill

House Health and Government Affairs Committee Substitute for House Bill 226 appropriate

$450 thousand from the general fund to the African-American Performing Arts Center Fund for

the purpose of carrying out the provisions of the African-American Performing Arts Center

Authority Act (the act).

FISCAL IMPLICATIONS

The appropriation of $450 thousand contained in this bill is a non-recurring expense to the

general fund. Any unexpended or unencumbered balance shall not revert to the general fund.

CS/House Bill 226/aHAFC

– Page

2

SIGNIFICANT ISSUES

HHGAC/HB 226 would create the “African-American Performing Arts Center Authority" (the

authority); consisting of nine members. Three (3) members representing the African-American

Performing Arts Center Foundation, one (1) member representing each of the three occupants of

the African-American Performing Arts Center and Exhibit Hall (AAPAC), appointed by the

governing board, and three (3) members appointed for staggered four-year terms by the

Governor. The authority shall elect a chair and such other officers as it deems necessary to carry

out its duties. 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.

The duties of the authority shall meet at the call of the chair, hire a director, create and

implement policies and procedures consistent with the AAPAC foundation, coordinate all

activities and have the direction and control of the AAPAC, administer the AAPAC. The bill

states that the director and staff of the authority shall be exempt from the provisions of the

Personnel Act.

The bill states fees deemed as reasonable money collected by the authority shall be deposited in

the African-American Performing Arts Center Fund. The authority will to negotiate a long-term

lease with the SFC for the occupancy and use of the building in which the AAPAC 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 this

act.

The SFC is an enterprise agency that utilizes revenues derived from admission, concession,

parking, building rental and other services to cover fair operations. There could be a potential

loss of parking revenue for the SFC.

ADMINISTRATIVE IMPLICATIONS

The authority would be administratively attached through the New Mexico State Fair

Commission to the New Mexico Tourism Department.

RELATIONSHIP

HB6 – appropriates $348 thousand to the SFC for operation of the AAPAC.

HB103 – appropriates $32 thousand to the SFC for the Charlie Morrisey Children’s Theater

Program at the AAPAC.

HB107 – appropriates $25 thousand to the SFC for transportation costs for transporting

participants to programs or events at the AAPAC.

TECHNICAL ISSUES

HHGAC/HB 226 appropriates $450 thousand to the AAPAC fund, states that money collected

by the authority shall be deposited in the fund, and all non-capital appropriations and money

directly related to the AAPAC be transferred to the AAPAC fund. The bill does not create such a

fund.

JLL/bb:nt