A00694 Summary:

COSPNSRMcEneny, Englebright, DelMonte
Redes Art 16 & S16.01 to be Art 17 & S17.01, add Art 16 SS16.01 - 16.07, Arts & Cul L; add S411, RPT L; amd S1115, Tax L
Provides an optional pilot program to establish arts-based districts in the cities of Buffalo, Rochester, Syracuse and Troy and for the repeal of the provisions pertaining thereto.
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A00694 Actions:

01/07/2009referred to tourism, parks, arts and sports development
04/29/2009reported referred to ways and means
05/04/2009amend (t) and recommit to ways and means
05/04/2009print number 694a
01/06/2010referred to tourism, parks, arts and sports development
05/17/2010reported referred to ways and means
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A00694 Floor Votes:

There are no votes for this bill in this legislative session.
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A00694 Text:

                STATE OF NEW YORK
                               2009-2010 Regular Sessions
                   IN ASSEMBLY
                                     January 7, 2009
        Introduced  by  M.  of A. HOYT, McENENY -- read once and referred to the
          Committee on Tourism, Arts and  Sports  Development  --  reported  and
          referred  to  the Committee on Ways and Means -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said

        AN ACT to amend the arts and cultural affairs law, the real property tax
          law  and  the  tax law, in relation to the establishment of arts-based
          districts; and providing for the repeal of such provisions upon  expi-
          ration thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings. The  legislature  hereby  finds  that
     2  artists  and  related  creative professions have high community value as
     3  cultural, social and economic assets. When they live and work  in  iden-
     4  tifiable districts the opportunity exists for capitalizing for the bene-
     5  fit  of  residents  of  the  district and the community at large through
     6  enhancing quality of life and  supporting  elements  of  a  tourism  and
     7  artist economy.

     8    The legislature further finds that the cities of New York state have a
     9  long  tradition  of  artistic creative activities and major artistic and
    10  cultural institutions including being the home to some  of  the  world's
    11  major art museums and performing arts venues.
    12    The  legislature  further  finds that collaboration between cities and
    13  the state offers the opportunity  to  establish  viable  and  productive
    14  arts-based districts capable of becoming a model for cities and villages
    15  throughout the state.
    16    Therefore,  the  legislature  hereby  provides  for  an optional pilot
    17  program for the cities of  Buffalo,  Rochester,  Syracuse  and  Troy  to
    18  establish arts-based districts in their cities.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.


        A. 694--A                           2
     1    § 2. Article 16 and section 16.01 of the arts and cultural affairs law
     2  are  redesignated  article 17 and section 17.01, and a new article 16 is
     3  added to read as follows:
     4                                  ARTICLE 16
     5                            ARTS-BASED DISTRICTS
     6  Section 16.01. Definitions.
     7          16.03. Arts-based districts advisory board.
     8          16.05. Pilot arts-based districts.
     9          16.07. State assistance and cooperation.
    10    § 16.01. Definitions. As used in this article:
    11    1.  "Artistic work" means an original and creative work, whether writ-

    12  ten, composed or executed, that falls under one or more of the following
    13  categories:
    14    a. A book or other writing;
    15    b. A play or performance of a play;
    16    c. A musical composition or the performance of a musical composition;
    17    d. A painting or other picture;
    18    e. A performance piece;
    19    f. A sculpture;
    20    g. Traditional or fine crafts;
    21    h. The creation of a film or the acting within a film;
    22    i. The creation of a dance or the performance of a dance; or
    23    j. The creation of electronic arts.
    24    2. "Arts and entertainment enterprise" means a for-profit or  not-for-
    25  profit entity dedicated to visual or performing arts.

    26    3.  "Qualifying  resident artists" means an individual who: a. owns or
    27  rents residential real property in the district; and
    28    b. derives income from the sale or performance within the district  of
    29  any  artistic  work  that  the  individual wrote, composed, or executed,
    30  either solely or with one or more other individuals.
    31    4. "District" or "arts-based district" shall mean  a  district  estab-
    32  lished by local law or ordinance pursuant to section 16.05 of this arti-
    33  cle.
    34    5.  "Board"  means  the  state  arts-based districts advisory board as
    35  established in section 16.03 of this article.
    36    § 16.03. Arts-based districts  advisory  board.  1.  There  is  hereby

    37  established  a  state  arts-based districts advisory board to advise the
    38  governor and state agencies on the pilot program established pursuant to
    39  this article. The board shall consist of the chief executive officer  of
    40  the  urban  development  corporation,  the  commissioner  of housing and
    41  community renewal, the director of the New York  state  council  on  the
    42  arts,  the  secretary of state, or their designated representatives, and
    43  three private citizens representative  of  interests  relating  to  such
    44  pilot  program  and appointed by the governor. The private members shall
    45  hold office at the  pleasure  of  the  governor.  State  agencies  shall
    46  provide staff services as are necessary and appropriate for the board to

    47  carry out its duties under this article.
    48    2.  The board shall meet at least three times a year and shall facili-
    49  tate as practicable the implementation  of  pilot  projects  under  this
    50  article.    The  board  shall  review the plans for arts-based districts
    51  pursuant to section 16.05 of this article  and  shall  formally  approve
    52  each  plan  that  meets  the  purposes of this article. In addition, the
    53  board shall review and respond to recommendations and comments from  the
    54  pilot  communities on their needs for support in implementing this arti-
    55  cle.

        A. 694--A                           3
     1    3. During the fourth year next succeeding the effective date  of  this

     2  article,  the board shall undertake or cause to be undertaken a study on
     3  the effectiveness of the pilot project in each of the pilot  cities  and
     4  shall prepare recommendations for the governor and legislature on wheth-
     5  er  an  arts-based  economic and community development program should be
     6  established statewide, and, if so, make recommendations as to provisions
     7  including state incentives for the program.
     8    § 16.05. Pilot arts-based districts. 1.   In  addition  to  any  other
     9  authority  for  such purpose, the cities of Buffalo, Rochester, Syracuse
    10  and Troy may establish an arts-based  district  within  its  boundaries.
    11  Such district shall have residential and arts-related and service-relat-

    12  ed commercial uses and shall be identified as an area primarily, but not
    13  exclusively, intended for residential use by artists and persons working
    14  in  arts-related activities which shall be deemed to include, but not be
    15  limited to, art galleries, craft stores, theaters and other  performance
    16  spaces,  museums, book stores and artist supply businesses and services-
    17  related activities like restaurants, food stores, dry cleaners and tour-
    18  ism.
    19    2. Such district shall  be  distinguished  by  physical  and  cultural
    20  resources  that  play  a  vital  role in the life and development of the
    21  community and contribute to the public  through  interpretative,  educa-
    22  tional and recreational uses.

    23    3. Such district shall have an artist home ownership program to assist
    24  artists  in  purchasing  and  rehabilitating a home within the district.
    25  Such district shall be subject to a plan approved by the local  legisla-
    26  tive  body  and be organized as a business improvement district pursuant
    27  to the general municipal law.   Notwithstanding any other  provision  of
    28  law,  provision  may  be  made for contract and/or incentive zoning with
    29  such districts.
    30    § 16.07. State  assistance  and  cooperation.  1.  To  effectuate  the
    31  purposes of this article, a pilot community may request from any depart-
    32  ment,  board,  bureau,  commission or other agency of the state, and the
    33  same  are  authorized  to  provide,  such  cooperation  and  assistance,

    34  services  and  data as will enable such pilot community to carry out the
    35  purposes of this article.
    36    2. The department of economic development through the  state  "I  Love
    37  New  York"  program  shall  provide technical assistance in developing a
    38  tourism marketing plan for each pilot community and shall at the  appro-
    39  priate  time prepare or cause to be prepared a national marketing effort
    40  focusing generally on working artists in the state and  particularly  on
    41  the districts established pursuant to this article.
    42    3.  The  department  of  economic development in consultation with the
    43  board shall create a grant program designed to assist in the development
    44  of districts pursuant to  this  article.  Within  funds  made  available

    45  therefor,  grants  shall  be  made  to  pilot cities for the purposes of
    46  infrastructure improvements in districts, housing assistance for artists
    47  in districts and development of a thematic approach to tourism promotion
    48  in districts. The commissioner is directed to establish  guidelines  and
    49  an application process.
    50    §  3. The real property tax law is amended by adding a new section 411
    51  to read as follows:
    52    § 411. Certain arts-based districts. 1. After a  public  hearing,  the
    53  governing  body  of  the cities of Buffalo, Rochester, Syracuse and Troy
    54  may adopt a local law or a  school  district  may  adopt  a  resolution,
    55  providing  for  an exemption pursuant to the provisions of this section.

    56  Such local law or resolution may provide that an improvement to any real

        A. 694--A                           4
     1  property used solely for residential purposes as a  one,  two  or  three
     2  family  residence  pursuant  to  an arts-based district plan pursuant to
     3  article sixteen of the arts and cultural affairs  law  shall  be  exempt
     4  from  taxation  to  the  extent of any increase in value attributable to
     5  such improvement if such improvement is used for the purpose of  facili-
     6  tating and accommodating the use and accessibility of such real property
     7  by  a  resident  owner of the real property who is a qualifying resident
     8  artist pursuant to such article sixteen of the arts and cultural affairs
     9  law.

    10    2. A local law or resolution adopted  pursuant  to  this  section  may
    11  provide that the exemption shall apply to improvements constructed prior
    12  to  the  effective date of such local law or resolution. If the assessor
    13  is satisfied that the applicant is entitled to an exemption pursuant  to
    14  this  section,  the assessor shall approve the application and enter the
    15  taxable assessed value of the parcel for which  an  exemption  has  been
    16  granted pursuant to this section on the assessment roll with the taxable
    17  property, with the amount of the exemption in a separate column.
    18    §  4.  Subdivision  (a)  of  section 1115 of the tax law is amended by
    19  adding a new paragraph 44 to read as follows:
    20    44. Tangible personal property created by a qualified resident  artist

    21  residing  in  an  arts-based district pursuant to article sixteen of the
    22  arts and cultural affairs law and sold within the municipal  corporation
    23  in which the artist resides.
    24    §  5.  This  act  shall  take  effect  immediately and shall be deemed
    25  repealed March 31, 2015.
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