H. B. 2096
(By Delegate Guthrie)
(Originating in the Committee on the Judiciary)
[February 21, 2011]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5, and §5B-2H-6; all relating to arts, entertainment and enterprise districts; establishing a board for the purpose of designating areas as an arts, entertainment and enterprise district; providing for the makeup of the board; definitions; providing for application by municipalities and political subdivisions to designate an area an arts, entertainment and enterprise district; requiring the board to adopt by-laws and establish and application procedure and criteria for the designation of arts, entertainment and enterprise districts; and requiring the chairperson of the board to report to the Legislature on the efforts of other states to create arts, entertainment and enterprise districts and the benefit of related tax credits and potential funding sources for related tax credits.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5 and §5B-2H-6 all to read as follows:
ARTICLE 2H. ARTS, ENTERTAINMENT AND ENTERPRISE DISTRICTS.
§5B-2H-1. Short title.
This article may be cited as the Arts, Entertainment and Enterprise District Creation Act.
§5B-2H-2. Creation of Arts, Entertainment and Enterprise Districts Review Board; composition; compensation; duties and responsibilities.
(a) There is hereby created an Arts, Entertainment and Enterprise District Review Board, which shall establish a process by which municipalities and counties may seek to be designated as an arts, entertainment or enterprise district, for the ultimate purpose of developing for commercial purposes arts, entertainment or technology driven endeavors and industries.
(b) The board shall consist of the following nine members, each of whom are appointed by the Governor:
(1) The Secretary of Commerce or the Director of the West Virginia Development Office, who shall serve as chair;
(2) The Secretary of Education and the Arts or a designee;
(3) One member who represents an entertainment organization;
(4) One member who represents an arts organization;
(5) One member who is a licensed architect and is L.E.E.D certified;
(6) One member who represents the West Virginia Housing Development Fund;
(7) One member who represents a scientific research and development or technology organization;
(8) One member who represents municipalities; and,
(9) One member is associated with urban planning and development.
(c) Members of the board shall serve without compensation, but may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of duties as a board member, in a manner consistent with the guidelines of the Travel Management Office of the Department of Administration.
(d) The board shall adopt by-laws, an application procedure and criteria to designate arts, entertainment and enterprise districts. The board shall adopt these requirement by August 1, 2011.
(e) The board shall meet on December 1, 2011 to review applications and approve districts.
(f) The board shall thereafter establish an annual application and review process by which such applications for designation may be filed with, reviewed and approved by the board.
(a) In this article the following words have the meanings indicated.
(b) “Artistic work” means an original and creative work that:
(1) Is created, written, composed or executed; and
(2) Falls into one of the following categories:
(A) A book or other writing;
(B) A play or performance of a play;
(C) A musical composition or the performance of a musical composition;
(D) A painting or other picture;
(E) A sculpture;
(F) Traditional or fine crafts;
(G) The creation of a film or the acting within a film;
(H) The creation of a dance or the performance of a dance;
(I) The creation of original jewelry, clothing or clothing design;
(J) The creation of new technology design or advancement;
(K) The investigation and development of new processes and products through engineering, scientific or technological research and development; or,
(L) Any other product generated as a result of work listed in paragraphs (A) through (J) of this subdivision.
(c) “Arts, entertainment and enterprise district” means a developed district of public and private uses that:
(1) Is distinguished by physical, technological, scientific, research and development and cultural resources that play a vital role in the life and development of the community and contribute to the public through interpretive, commercial, education, research and recreational uses; and
(2) Is a portion of a municipality with a special coherence.
(d) “Arts, entertainment and enterprise” means a for-profit or not-for-profit entity dedicated to the advancement of one or more of the following: visual arts, performing arts, technology, engineering research and development or scientific research and development.
(e) “Qualifying residing artist or entrepreneur” means an individual who:
(1) Owns or rents residential real property where the arts, entertainment and enterprise district is located;
(2) Conducts a business in the art, entertainment and enterprise district; and
(3) Derives income from the sale or performance within the art, entertainment and enterprise district of an artistic endeavor or a technological advancement or of engineering, scientific or technological research and development that the individual created, wrote, composed or executed for commercial use, either alone or with others in the arts, entertainment and enterprise district.
(a) A county or municipality may apply to the board to designate an area as an arts, entertainment and enterprise district:
(b) The application shall:
(1) Be in the form and manner and contain the information that the board requires; and
(2) Be approved by the governing body of the municipality of the county submitting the application.
(a)(1) Within sixty days after a submission date, the board may designate no more than ten arts, entertainment and enterprise districts per year from among the applications submitted.
(2) A county may not receive more than one arts, entertainment and enterprise district designation in a calendar year.
(b) The designation of the board is final.
(c) At any time, a municipality may reapply to the board to designate an area an arts, entertainment and enterprise district that is not so designated.
A municipality or county may apply to the board to expand an existing arts, entertainment and enterprise district in the same manner as the municipality or county would apply to designate a new arts, entertainment and enterprise district.
§5B-2H-6. Rules and Report.
The chairperson of the board shall report during the July 2012 interim meetings to the Joint Committee on Finance regarding:
(1)The identity of the counties and municipalities which have been designated as arts, entertainment and enterprise districts in this state;
(2) The efforts and successes of other states which have created arts, entertainment and enterprise districts;
(3) Whether the creation of a tax credit would incentive the development of these districts; and,
(4) If a tax credit would be beneficial to the development of such districts, identify possible funding sources for the tax credit.