S T A T E O F N E W Y O R K
________________________________________________________________________
694
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. HOYT -- read once and referred to the Committee
on Tourism, Arts and Sports Development
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; making an appropriation therefor; and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that
artists and related creative professions have high community value as
cultural, social and economic assets. When they live and work in iden-
tifiable districts the opportunity exists for capitalizing for the bene-
fit of residents of the district and the community at large through
enhancing quality of life and supporting elements of a tourism and
artist economy.
The legislature further finds that the cities of New York state have a
long tradition of artistic creative activities and major artistic and
cultural institutions including being the home to some of the world's
major art museums and performing arts venues.
The legislature further finds that collaboration between cities and
the state offers the opportunity to establish viable and productive
arts-based districts capable of becoming a model for cities and villages
throughout the state.
Therefore, the legislature hereby provides for an optional pilot
program for the cities of Buffalo, Rochester, Syracuse and Troy to
establish arts-based districts in their cities.
S 2. Article 16 and section 16.01 of the arts and cultural affairs law
are redesignated article 17 and section 17.01, and a new article 16 is
added to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02871-01-9
A. 694 2
ARTICLE 16
ARTS-BASED DISTRICTS
SECTION 16.01. DEFINITIONS.
16.03. ARTS-BASED DISTRICTS ADVISORY BOARD.
16.05. PILOT ARTS-BASED DISTRICTS.
16.07. STATE ASSISTANCE AND COOPERATION.
S 16.01. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "ARTISTIC WORK" MEANS AN ORIGINAL AND CREATIVE WORK, WHETHER WRIT-
TEN, COMPOSED OR EXECUTED, THAT FALLS UNDER ONE OR MORE 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 PERFORMANCE PIECE;
F. A SCULPTURE;
G. TRADITIONAL OR FINE CRAFTS;
H. THE CREATION OF A FILM OR THE ACTING WITHIN A FILM;
I. THE CREATION OF A DANCE OR THE PERFORMANCE OF A DANCE; OR
J. THE CREATION OF ELECTRONIC ARTS.
2. "ARTS AND ENTERTAINMENT ENTERPRISE" MEANS A FOR-PROFIT OR NOT-FOR-
PROFIT ENTITY DEDICATED TO VISUAL OR PERFORMING ARTS.
3. "QUALIFYING RESIDENT ARTISTS" MEANS AN INDIVIDUAL WHO: A. OWNS OR
RENTS RESIDENTIAL REAL PROPERTY IN THE DISTRICT; AND
B. DERIVES INCOME FROM THE SALE OR PERFORMANCE WITHIN THE DISTRICT OF
ANY ARTISTIC WORK THAT THE INDIVIDUAL WROTE, COMPOSED, OR EXECUTED,
EITHER SOLELY OR WITH ONE OR MORE OTHER INDIVIDUALS.
4. "DISTRICT" OR "ARTS-BASED DISTRICT" SHALL MEAN A DISTRICT ESTAB-
LISHED BY LOCAL LAW OR ORDINANCE PURSUANT TO SECTION 16.05 OF THIS ARTI-
CLE.
5. "BOARD" MEANS THE STATE ARTS-BASED DISTRICTS ADVISORY BOARD AS
ESTABLISHED IN SECTION 16.03 OF THIS ARTICLE.
S 16.03. ARTS-BASED DISTRICTS ADVISORY BOARD. 1. THERE IS HEREBY
ESTABLISHED A STATE ARTS-BASED DISTRICTS ADVISORY BOARD TO ADVISE THE
GOVERNOR AND STATE AGENCIES ON THE PILOT PROGRAM ESTABLISHED PURSUANT TO
THIS ARTICLE. THE BOARD SHALL CONSIST OF THE CHIEF EXECUTIVE OFFICER OF
THE URBAN DEVELOPMENT CORPORATION, THE COMMISSIONER OF HOUSING AND
COMMUNITY RENEWAL, THE DIRECTOR OF THE NEW YORK STATE COUNCIL ON THE
ARTS, THE SECRETARY OF STATE, OR THEIR DESIGNATED REPRESENTATIVES, AND
THREE PRIVATE CITIZENS REPRESENTATIVE OF INTERESTS RELATING TO SUCH
PILOT PROGRAM AND APPOINTED BY THE GOVERNOR. THE PRIVATE MEMBERS SHALL
HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR. STATE AGENCIES SHALL
PROVIDE STAFF SERVICES AS ARE NECESSARY AND APPROPRIATE FOR THE BOARD TO
CARRY OUT ITS DUTIES UNDER THIS ARTICLE.
2. THE BOARD SHALL MEET AT LEAST THREE TIMES A YEAR AND SHALL FACILI-
TATE AS PRACTICABLE THE IMPLEMENTATION OF PILOT PROJECTS UNDER THIS
ARTICLE. THE BOARD SHALL REVIEW THE PLANS FOR ARTS-BASED DISTRICTS
PURSUANT TO SECTION 16.05 OF THIS ARTICLE AND SHALL FORMALLY APPROVE
EACH PLAN THAT MEETS THE PURPOSES OF THIS ARTICLE. IN ADDITION, THE
BOARD SHALL REVIEW AND RESPOND TO RECOMMENDATIONS AND COMMENTS FROM THE
PILOT COMMUNITIES ON THEIR NEEDS FOR SUPPORT IN IMPLEMENTING THIS ARTI-
CLE.
3. DURING THE FOURTH YEAR NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS
ARTICLE, THE BOARD SHALL UNDERTAKE OR CAUSE TO BE UNDERTAKEN A STUDY ON
THE EFFECTIVENESS OF THE PILOT PROJECT IN EACH OF THE PILOT CITIES AND
SHALL PREPARE RECOMMENDATIONS FOR THE GOVERNOR AND LEGISLATURE ON WHETH-
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ER AN ARTS-BASED ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAM SHOULD BE
ESTABLISHED STATEWIDE, AND, IF SO, MAKE RECOMMENDATIONS AS TO PROVISIONS
INCLUDING STATE INCENTIVES FOR THE PROGRAM.
S 16.05. PILOT ARTS-BASED DISTRICTS. 1. IN ADDITION TO ANY OTHER
AUTHORITY FOR SUCH PURPOSE, THE CITIES OF BUFFALO, ROCHESTER, SYRACUSE
AND TROY MAY ESTABLISH AN ARTS-BASED DISTRICT WITHIN ITS BOUNDARIES.
SUCH DISTRICT SHALL HAVE RESIDENTIAL AND ARTS-RELATED AND SERVICE-RELAT-
ED COMMERCIAL USES AND SHALL BE IDENTIFIED AS AN AREA PRIMARILY, BUT NOT
EXCLUSIVELY, INTENDED FOR RESIDENTIAL USE BY ARTISTS AND PERSONS WORKING
IN ARTS-RELATED ACTIVITIES WHICH SHALL BE DEEMED TO INCLUDE, BUT NOT BE
LIMITED TO, ART GALLERIES, CRAFT STORES, THEATERS AND OTHER PERFORMANCE
SPACES, MUSEUMS, BOOK STORES AND ARTIST SUPPLY BUSINESSES AND SERVICES-
RELATED ACTIVITIES LIKE RESTAURANTS, FOOD STORES, DRY CLEANERS AND TOUR-
ISM.
2. SUCH DISTRICT SHALL BE DISTINGUISHED BY PHYSICAL AND CULTURAL
RESOURCES THAT PLAY A VITAL ROLE IN THE LIFE AND DEVELOPMENT OF THE
COMMUNITY AND CONTRIBUTE TO THE PUBLIC THROUGH INTERPRETATIVE, EDUCA-
TIONAL AND RECREATIONAL USES.
3. SUCH DISTRICT SHALL HAVE AN ARTIST HOME OWNERSHIP PROGRAM TO ASSIST
ARTISTS IN PURCHASING AND REHABILITATING A HOME WITHIN THE DISTRICT.
SUCH DISTRICT SHALL BE SUBJECT TO A PLAN APPROVED BY THE LOCAL LEGISLA-
TIVE BODY AND BE ORGANIZED AS A BUSINESS IMPROVEMENT DISTRICT PURSUANT
TO THE GENERAL MUNICIPAL LAW. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, PROVISION MAY BE MADE FOR CONTRACT AND/OR INCENTIVE ZONING WITH
SUCH DISTRICTS.
S 16.07. STATE ASSISTANCE AND COOPERATION. 1. TO EFFECTUATE THE
PURPOSES OF THIS ARTICLE, A PILOT COMMUNITY MAY REQUEST FROM ANY DEPART-
MENT, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE, AND THE
SAME ARE AUTHORIZED TO PROVIDE, SUCH COOPERATION AND ASSISTANCE,
SERVICES AND DATA AS WILL ENABLE SUCH PILOT COMMUNITY TO CARRY OUT THE
PURPOSES OF THIS ARTICLE.
2. THE DEPARTMENT OF ECONOMIC DEVELOPMENT THROUGH THE STATE "I LOVE
NEW YORK" PROGRAM SHALL PROVIDE TECHNICAL ASSISTANCE IN DEVELOPING A
TOURISM MARKETING PLAN FOR EACH PILOT COMMUNITY AND SHALL AT THE APPRO-
PRIATE TIME PREPARE OR CAUSE TO BE PREPARED A NATIONAL MARKETING EFFORT
FOCUSING GENERALLY ON WORKING ARTISTS IN THE STATE AND PARTICULARLY ON
THE DISTRICTS ESTABLISHED PURSUANT TO THIS ARTICLE.
3. THE DEPARTMENT OF ECONOMIC DEVELOPMENT IN CONSULTATION WITH THE
BOARD SHALL CREATE A GRANT PROGRAM DESIGNED TO ASSIST IN THE DEVELOPMENT
OF DISTRICTS PURSUANT TO THIS ARTICLE. WITHIN FUNDS MADE AVAILABLE
THEREFOR, GRANTS SHALL BE MADE TO PILOT CITIES FOR THE PURPOSES OF
INFRASTRUCTURE IMPROVEMENTS IN DISTRICTS, HOUSING ASSISTANCE FOR ARTISTS
IN DISTRICTS AND DEVELOPMENT OF A THEMATIC APPROACH TO TOURISM PROMOTION
IN DISTRICTS. THE COMMISSIONER IS DIRECTED TO ESTABLISH GUIDELINES AND
AN APPLICATION PROCESS.
S 3. The real property tax law is amended by adding a new section 411
to read as follows:
S 411. CERTAIN ARTS-BASED DISTRICTS. 1. AFTER A PUBLIC HEARING, THE
GOVERNING BODY OF THE CITIES OF BUFFALO, ROCHESTER, SYRACUSE AND TROY
MAY ADOPT A LOCAL LAW OR A SCHOOL DISTRICT MAY ADOPT A RESOLUTION,
PROVIDING FOR AN EXEMPTION PURSUANT TO THE PROVISIONS OF THIS SECTION.
SUCH LOCAL LAW OR RESOLUTION MAY PROVIDE THAT AN IMPROVEMENT TO ANY REAL
PROPERTY USED SOLELY FOR RESIDENTIAL PURPOSES AS A ONE, TWO OR THREE
FAMILY RESIDENCE PURSUANT TO AN ARTS-BASED DISTRICT PLAN PURSUANT TO
ARTICLE SIXTEEN OF THE ARTS AND CULTURAL AFFAIRS LAW SHALL BE EXEMPT
FROM TAXATION TO THE EXTENT OF ANY INCREASE IN VALUE ATTRIBUTABLE TO
A. 694 4
SUCH IMPROVEMENT IF SUCH IMPROVEMENT IS USED FOR THE PURPOSE OF FACILI-
TATING AND ACCOMMODATING THE USE AND ACCESSIBILITY OF SUCH REAL PROPERTY
BY A RESIDENT OWNER OF THE REAL PROPERTY WHO IS A QUALIFYING RESIDENT
ARTIST PURSUANT TO SUCH ARTICLE SIXTEEN OF THE ARTS AND CULTURAL AFFAIRS
LAW.
2. A LOCAL LAW OR RESOLUTION ADOPTED PURSUANT TO THIS SECTION MAY
PROVIDE THAT THE EXEMPTION SHALL APPLY TO IMPROVEMENTS CONSTRUCTED PRIOR
TO THE EFFECTIVE DATE OF SUCH LOCAL LAW OR RESOLUTION. IF THE ASSESSOR
IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSUANT TO
THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND ENTER THE
TAXABLE ASSESSED VALUE OF THE PARCEL FOR WHICH AN EXEMPTION HAS BEEN
GRANTED PURSUANT TO THIS SECTION ON THE ASSESSMENT ROLL WITH THE TAXABLE
PROPERTY, WITH THE AMOUNT OF THE EXEMPTION IN A SEPARATE COLUMN.
S 4. Subdivision (a) of section 1115 of the tax law is amended by
adding a new paragraph 44 to read as follows:
44. TANGIBLE PERSONAL PROPERTY CREATED BY A QUALIFIED RESIDENT ARTIST
RESIDING IN AN ARTS-BASED DISTRICT PURSUANT TO ARTICLE SIXTEEN OF THE
ARTS AND CULTURAL AFFAIRS LAW AND SOLD WITHIN THE MUNICIPAL CORPORATION
IN WHICH THE ARTIST RESIDES.
S 5. The sum of one million dollars ($1,000,000), or so much thereof
as may be necessary, is hereby appropriated to the department of econom-
ic development out of any moneys in the state treasury in the general
fund, not otherwise appropriated, and made immediately available, for
the purpose of carrying out the provisions of this act. Such moneys
shall be payable on the audit and warrant of the comptroller on vouchers
certified or approved by the commissioner of the department of economic
development in the manner prescribed by law.
S 6. This act shall take effect immediately and shall be deemed
repealed March 31, 2015.