HOUSE BILL 68
50th legislature - STATE OF NEW MEXICO - second session, 2012
INTRODUCED BY
Conrad D. James
AN ACT
RELATING TO CULTURAL AFFAIRS; ENACTING THE AFRICAN AMERICAN CULTURAL CENTER ACT; CREATING THE AFRICAN AMERICAN CULTURAL AFFAIRS DIVISION WITHIN THE CULTURAL AFFAIRS DEPARTMENT; PROVIDING FOR TRANSFERS OF FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY AND PROPERTY; REAUTHORIZING AND REAPPROPRIATING BALANCES, EXTENDING EXPENDITURE PERIODS AND CHANGING AGENCIES ON PRIOR APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 8 of this act may be cited as the "African American Cultural Center Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the African American Cultural Center Act:
A. "board" means the board of directors of the center;
B. "center" means the African American performing arts center;
C. "director" means the director of the division;
D. "division" means the African American cultural affairs division of the cultural affairs department; and
E. "secretary" means the secretary of cultural affairs.
SECTION 3. [NEW MATERIAL] AFRICAN AMERICAN CULTURAL AFFAIRS DIVISION--CREATION--PROPERTY.--
A. The "African American cultural affairs division" is created within the cultural affairs department. A principal facility of the division shall be known as the "African American performing arts center".
B. All property, real or personal, now held or subsequently acquired for the operation of the center shall be under the control and authority of the board.
C. Funds or other property received by gift, endowment or legacy shall remain under the control of the board and shall, upon acceptance, be employed for the purpose specified.
SECTION 4. [NEW MATERIAL] BOARD OF DIRECTORS--CREATED--
APPOINTMENT--TERMS--OFFICERS.--
A. The "board of directors of the African American performing arts center" is created. The board shall consist of fifteen residents of New Mexico appointed by the governor with the advice and consent of the senate. Two of the appointees shall be employees of state institutions of higher education or appropriate state agencies. In making the appointments, the governor shall give due consideration to:
(1) the ethnic, economic and geographic diversity of the state;
(2) individuals who have demonstrated an awareness of and support for traditional and contemporary African American culture, arts and humanities, including a strong knowledge of New Mexico's African American history; and
(3) individuals who are knowledgeable in the areas of African American performing and visual arts and oral traditions; genealogy; family issues; education; business; or administration.
B. Of the initial appointees, five members shall be appointed for four-year terms, five members shall be appointed for three-year terms and five members shall be appointed for two-year terms. All subsequent members shall be appointed for four-year terms.
C. A majority of the board members currently serving shall constitute a quorum at any meeting or hearing.
D. A member failing to attend three consecutive meetings after receiving proper notice shall be recommended for removal by the governor. The governor may also remove any member of the board for neglect of any duty required by law, for incompetency, for unprofessional conduct or for violating any provision of the African American Cultural Center Act. If a vacancy occurs on the board, the governor shall appoint another member to complete the unexpired term.
E. The director shall be an ex-officio nonvoting member of the board.
F. The governor shall designate the president of the board, who shall serve in that capacity at the pleasure of the governor.
SECTION 5. [NEW MATERIAL] BOARD--POWERS AND DUTIES.--The board shall:
A. exercise trusteeship over the collections of the center;
B. accept and hold title to all property for the center's use;
C. review annually the performance of the director and report its findings to the secretary;
D. enter into agreements or contracts with public or private organizations or agencies or with individuals for the purpose of obtaining real or personal property for the center's use;
E. authorize the director to solicit and receive funds or property of any nature for the development of the center, its collections and its programs;
F. adopt such rules as may be necessary to carry out the provisions of the African American Cultural Center Act; and
G. establish the policy, determine the mission and direct the development of the center.
SECTION 6. [NEW MATERIAL] DIRECTOR--APPOINTMENT--
QUALIFICATIONS.--
A. The director shall be appointed by the secretary, with the approval of the governor, from a list of qualified finalists provided by the board.
B. Subject to the authority of the secretary, the director shall be the administrative and executive officer of the division. The director shall be exempt from the provisions of the Personnel Act.
SECTION 7. [NEW MATERIAL] DIRECTOR--POWERS AND DUTIES.--Subject to the policies agreed to by the board, the director:
A. shall be responsible for the administration of the division and for the operation of the center, in accordance with all appropriate statutes and regulations;
B. shall develop exhibits and programs displaying African American culture, arts and humanities for the benefit of the public and with particular concern for the interests of the schools in the state;
C. shall acquire, by donation or other means of acquisition, collections and related materials appropriate to an African American performing arts center and shall direct research as is appropriate to render the collections beneficial to the public;
D. shall employ such professional staff and other employees as are necessary for the operation of the center in accordance with the provisions of the Personnel Act;
E. may solicit and receive funds or property of any nature for the development of the center;
F. may enter into contracts with public or private organizations or agencies or with individuals for the performance of services related to the location, preservation, development, study or salvage of African American cultural materials;
G. shall cooperate with institutions of higher education and other agencies and political subdivisions of municipal, state and federal governments to establish, maintain and extend the programs of the center;
H. may impose and collect admission fees and conduct retail sales as are normal for the operation of the center;
I. shall perform other appropriate duties as may be delegated by the governor, by the secretary or the secretary's successor or by the board, or as may be provided by law;
J. may publish journals, books, reports and other materials as are appropriate to the operation of the center; and
K. may, as authorized by the board, lend collection materials to qualified institutions and agencies for purposes of exhibition and study and borrow collection materials from other institutions and agencies for the same purpose.
SECTION 8. [NEW MATERIAL] BOARD--COMPENSATION.--The members of the board are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
SECTION 9. Section 9-4A-4 NMSA 1978 (being Laws 2004, Chapter 25, Section 4, as amended) is amended to read:
"9-4A-4. DEPARTMENT CREATED.--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 African American cultural affairs division;
[B.] C. the arts division;
[C.] D. the historic preservation division;
[D.] E. the library division;
[E.] F. the Hispanic cultural division;
[F.] G. the farm and ranch heritage museum division;
[G.] H. the natural history and science museum division;
[H.] I. the museum of space history division;
[I.] J. the museum resources division;
[J.] K. the veterans museum division; and
[K.] L. 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."
SECTION 10. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, PROPERTY, CONTRACTS AND REFERENCES IN LAW.--On June 30, 2012:
A. all personnel, appropriations, money, records, equipment, supplies and other property of the state fair commission and the New Mexico state fair specific to the African American performing arts center at the New Mexico state fairgrounds in Albuquerque in Bernalillo county shall be transferred to the cultural affairs department; and
B. all contracts of the state fair commission and the New Mexico state fair relating to the African American performing arts center at the New Mexico state fairgrounds in Albuquerque in Bernalillo county shall be binding and effective on the cultural affairs department.
SECTION 11. NEW MEXICO STATE FAIR AFRICAN AMERICAN PERFORMING ARTS CENTER ADDITION--CHANGE AGENCY--EXTEND TIME--SEVERANCE TAX BONDS.--
A. The unexpended balance of the appropriation to the state fair commission in Subsection 1 of Section 16 of Chapter 92 of Laws 2008 for an addition to the African American performing arts center and exhibit hall at the New Mexico state fairgrounds in Albuquerque in Bernalillo county is appropriated to the cultural affairs department for that purpose. The time of expenditure is extended through fiscal year 2014. The unexpended balance from the proceeds of the severance tax bonds issued shall revert to the severance tax bonding fund at the end of fiscal year 2014.
B. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.
SECTION 12. NEW MEXICO STATE FAIR AFRICAN AMERICAN PERFORMING ARTS CENTER GROUNDS--CHANGE AGENCY--EXTEND TIME--GENERAL FUND.--
A. The unexpended balance of the appropriation to the state fair commission in Laws 2008, Chapter 92, Section 49 to plan, design and landscape the grounds at the African American performing arts center at the New Mexico state fairgrounds in Albuquerque in Bernalillo county is appropriated to the cultural affairs department for that purpose. The time of expenditure is extended through fiscal year 2014. The unexpended balance of the appropriation shall revert to the general fund at the end of fiscal year 2014.
B. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.
SECTION 13. EFFECTIVE DATE.--The effective date of the provisions of this act is June 30, 2012.
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