Committee advances bill to transfer African American Performing Arts Center from State Fair to new board

Representative Pamela Herndon, sponsor of House Bill 519, told the Senate Indian, Rural and Cultural Affairs Committee that the bill would transfer operations, maintenance and staffing of the African American Performing Arts Center from the New Mexico State Fair to a newly created board of directors, with the Cultural Affairs Department serving as fiscal agent.

"The Cultural Affairs Department will serve as the fiscal agent to the Board of Directors, but the Board will act independently in working to make sure that the Performing Arts Center thrives," Representative Pamela Herndon said at the start of the committee’s discussion. John Smith, identified as "president of the board of directors for the African American Performing Arts Center, Inc.," testified in support, saying the move would put the center "back into an organization where it handles all the performance and knows exactly what we need and how to support us."

Committee members questioned why the center had been placed under the State Fair and whether Cultural Affairs was prepared to serve as fiscal agent. Herndon said the center was originally part of the Office of African American Affairs and later moved to the fairgrounds; she told the committee previous governors had used line-item vetoes that complicated funding while the center was associated with the fair. She said the bill makes the center administratively attached to the Department of Cultural Affairs for fiscal purposes but leaves the center as an independent entity with its own board.

Senator Maestas raised concern about statutory language in the bill referencing consultation with the Cultural Affairs Department and cited Section 9-1-7, which governs administratively attached entities. He warned that adding consultative language could create ambiguity over who controls budgets and staffing over time. The committee adopted an amendment to strike the sentence that would have required the board to act "in consultation with the Cultural Affairs Department." The amendment was moved on the record during the meeting and was adopted without recorded opposition.

After discussion, the committee took a do-pass recommendation on HB 519. Committee members noted the center’s active programming and its physical location on the fairgrounds, and supporters said moving administrative oversight would better align the center with entities that specialize in performing-arts operations. Representative Herndon said previously authorized funds for an expansion remain in place and she had signed reauthorization paperwork, though the transcript does not specify dollar amounts or exact next steps for that funding.

The committee record shows the amendment and the do-pass recommendation were adopted by voice/roll call among members present; the transcript does not provide a roll-call tally by name in the committee record provided.