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HOUSE BILL 519
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Pamelya Herndon
AN ACT
RELATING TO CULTURAL AFFAIRS; CREATING THE BOARD OF DIRECTORS
OF THE AFRICAN AMERICAN PERFORMING ARTS CENTER; PROVIDING THAT
THE BOARD OF DIRECTORS SHALL OPERATE, MAINTAIN AND STAFF THE
AFRICAN AMERICAN PERFORMING ARTS CENTER AND EXHIBIT HALL IN
CONSULTATION WITH THE CULTURAL AFFAIRS DEPARTMENT; TRANSFERRING
FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, RECORDS,
EQUIPMENT, SUPPLIES, OTHER PROPERTY AND CONTRACTUAL
OBLIGATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 16-6-4 NMSA 1978 (being Laws 1913,
Chapter 46, Section 4, as amended) is amended to read:
"16-6-4. POWERS AND DUTIES OF COMMISSION--ANNUAL FAIR--
EXHIBITS--PREMIUMS.--
A. The state fair commission shall have power and
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authority to hold annually on suitable grounds a state fair at
which shall be exhibited livestock, poultry, vegetables,
fruits, grains, grasses and other farm products, minerals, ores
and other mining exhibits, mining machinery and farm implements
and all other things that the commissioners or a majority
thereof deem consonant with the purposes of a state fair for
the purposes of advancing the agricultural, horticultural and
stock raising, mining, mechanical and industrial pursuits of
the state and shall have the care of its property and be
entrusted with the entire direction of its business and its
financial affairs consistent with the provisions of Sections
16-6-15 and 16-6-16 NMSA 1978.
B. The state fair commission or its designees,
among other duties, shall:
(1) prepare, adopt, publish and enforce all
necessary rules for the management of the New Mexico state fair
and its meetings and exhibitions and for the guidance of its
officers, employees and exhibitors;
(2) determine the duties, compensation and
tenure of office of all of its officers and employees and may
remove from office or discharge any person appointed or
employed by it at will;
(3) have the power to appoint all necessary
fairgrounds police to keep order on the grounds and in the
buildings of the state fair. The fairgrounds police so
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appointed shall be vested with the same authority for such
purposes as peace officers;
(4) have the power to charge entrance fees and
admissions and lease stalls, stands and restaurant sites, give
prizes and premiums, arrange entertainments and do all things
that by the commission may be considered proper for the conduct
of the state fair not otherwise prohibited by law;
(5) prohibit the sale or consumption of
alcoholic beverages on the grounds of the state fair except in
controlled access areas within the licensed premises; and
(6) meet with the director of the [alcohol and
gaming] alcoholic beverage control division of the regulation
and licensing department and other parties in interest to
designate the controlled access areas on which the sale and
consumption of alcoholic beverages may be permitted
[(7) annually request funding to support the
operations and maintenance of the African American performing
arts center and exhibit hall housed on the state fairgrounds;
and
(8) provide staff to support the operations
and maintenance of the African American performing arts center
and exhibit hall].
C. As used in this section, "alcoholic beverages"
means distilled or rectified spirits, potable alcohol, brandy,
whiskey, rum, gin and aromatic bitters bearing the federal
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internal revenue strip stamps or any similar alcoholic
beverage, including blended or fermented beverages, dilutions
or mixtures of one or more of the foregoing containing more
than one-half of one percent alcohol, but excluding medicinal
bitters."
SECTION 2. Section 16-6-32 NMSA 1978 (being Laws 2019,
Chapter 82, Section 3) is recompiled as a new section of
Chapter 18 NMSA 1978 and is amended to read:
"[ADVISORY COMMITTEE] AFRICAN AMERICAN PERFORMING ARTS
CENTER--BOARD OF DIRECTORS --CREATED--APPOINTMENTS--STAGGERED
TERMS OF MEMBERS--DUTIES.--
A. The board of directors of the African American
performing arts center [advisory committee ] is created and, in
accordance with the provisions of Section 9-1-7 NMSA 1978 , is
administratively attached to the [state fair commission ]
cultural affairs department .
B. The [committee] board of directors shall consist
of five members, including:
(1) two members from the African American
performing arts center foundation appointed by the executive
director of the African American performing arts center and
exhibit hall;
(2) one member from the cultural affairs
department appointed by the governor;
(3) one member from the office on African
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American affairs appointed by the governor; and
(4) one community member who has knowledge of
the academic, cultural and historical context of performance
art within the African American experience appointed by the
director of the Africana studies program at the university of
New Mexico.
C. Staggered membership terms shall be established
so that two members of the initial [committee ] board of
directors are appointed for two years, three members are
appointed for three years and subsequent appointments of each
member are for two-year terms.
D. Vacancies in an appointed member's term shall be
filled for the remainder of the unexpired term in the same
manner as the original appointment was made.
E. The [committee] board of directors shall
annually elect a chair, vice chair and secretary from among its
membership. A majority of the members constitutes a quorum for
the conduct of business.
F. The [committee] board of directors shall meet at
the call of the chair at least annually. Meetings of the
[committee] board of directors shall be held in Albuquerque or
at other sites within the state at the direction of the chair.
G. Members shall receive no compensation for
serving on the [committee ] board of directors but shall be paid
per diem and mileage as provided for in the Per Diem and
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Mileage Act.
H. The [committee] board of directors shall make
recommendations to the African American performing arts center
foundation and the executive director and artistic director of
the African American performing arts center and exhibit hall
regarding staffing, operations, maintenance, programming and
exhibitions of the African American performing arts center and
exhibit hall. The board of directors shall operate, maintain,
staff and request funding for the operation, maintenance and
staffing of the African American performing arts center in
consultation with the cultural affairs department.
I. As used in this section, "performance art" means
any creative activity performed for an audience that uses an
individual's voice, body or inanimate objects to convey an
artistic expression, including live or recorded theatrical
productions, movies, music, dance, puppetry and spoken word."
SECTION 3. TEMPORARY PROVISION--TRANSFER.--
A. On the effective date of this act, the African
American performing arts center and exhibit hall, including the
functions, personnel, appropriations, money, records,
equipment, supplies and other property of the center and
exhibit hall, shall be transferred from the state fair
commission to the board of directors of the African American
performing arts center.
B. On the effective date of this act, money held by
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or for the African American performing arts center and exhibit
hall that does not revert to the general fund or another fund
on June 30, 2025 shall be transferred to the board of directors
of the African American performing arts center to operate,
maintain and staff the African American performing arts center
and exhibit hall.
C. Contractual obligations of the African American
performing arts center and exhibit hall shall be binding on the
board of directors of the African American performing arts
center.
SECTION 4. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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