HB3113 PS AM 2-17
Roskovensky 3338
The Committee on Political Subdivisions moves to amend the
bill on page 2, line 3, by striking everything after the enacting
clause and inserting in lieu thereof the following:
"
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. Definitions.
(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 original technology design or advancement;
or,
(K) 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, technology 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 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 visual, performing arts and
technology.
(e) "Municipality" means a Class I, II or III municipality.
(f) "Qualifying residing artist or entrepreneur" means an
individual who:
(1) Owns or rents residential real property in the county
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 or
technology for commercial use work that the individual created,
wrote, composed or executed, either alone or with others in the
arts, entertainment and enterprise district.
§5B-2H-3. Application.
(a) A 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.
§5B-2H-4. Designation.
(a)(1) Within sixty days after a submission date, the board
may designate no more than five arts, entertainment and enterprise
districts 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.
(d) The board consists of the following nine members, who 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 West Virginia Housing and Urban
Development Fund;
(7) One member who represents a technology organization;
(8) One member who represents municipalities; and,
(9) One member is associated with urban planning and
development.
(e) Members 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.
(f) The board shall meet on December 1, 2010 to review
applications and approve districts.
§5B-2H-5. Expansion.
A municipality may apply to the board to expand an existing
arts, entertainment and enterprise district in the same manner as
the municipality would apply to designate a new arts, entertainment
and enterprise district.
§5B-2H-6. Rules and Report.
(a) 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, 2010.
(b) The chairperson of the board shall report during the July
2011 interim meetings to the Joint Committee on Finance on:
(1) Other states which have created arts, entertainment and
enterprise districts;
(2) Whether the creation of a tax credit would incentive the
development of these districts; and,
(3) If the tax credit would be beneficial, identify possible
funding sources for the tax credit."