S3847A-2011 Actions

• Mar 30, 2012: PRINT NUMBER 3847A
• Mar 30, 2012: AMEND AND RECOMMIT TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
• Jan 4, 2012: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
• Mar 7, 2011: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

S3847A-2011 Memo

BILL NUMBER:S3847               REVISED 03/14/11

TITLE OF BILL:
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 expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
provide an optional pilot program for the cities of Buffalo,
Rochester, Syracuse and Troy, and Albany to establish arts-based
districts in their cities. The districts will be a benefit to
citizens by promoting artistic activities and creating jobs causing
revitalization and generating economic development in four major
Upstate Cities.

SUMMARY OF SPECIFIC PROVISIONS:
Section one states the legislative findings.

Section two defines the terms used throughout the article. Defines the
responsibility and the role of the arts based districts advisory
board. The advisory board will include of the chief executive of the
urban development corporation, housing and community renewal
commissioner, director of the New York State council on the arts and
the secretary of state. The board will assist necessary state
agencies in overseeing the pilot program and provide the Governor and
the legislature with progress reports, recommendations and will meet
at least three times per year. It grants the authority to the cities
of Albany, Buffalo, Rochester, Syracuse, and Troy to set the
boundaries of the said district within the respective municipal
boarders.
Each district created will be distinguished by cultural and physical
resources that will contribute to the public through educational and
recreational uses. It describes the state's role with in the program.
The department of economic development through the "I Love New York"
program shall provide assistance to each said municipality in
developing a tourism and marketing plan to highlight the work of art
related activity defined in subsection one of article 16 of the arts
and cultural affairs law as amended by this bill. An artist home
ownership program will provide support for the purchase and
rehabilitation of real property in the district.

Section three amends the real property tax law to allow the local
legislature in each said municipality to approve all improvement
projects within the defined district. Improvements to a residential
dwelling in any defined district may be exempt from taxation from the
dwelling's increased value attributed to improvements made to
accommodate and foster development within the district. The
department of economic development and the advisory board will create

a grant program for infrastructure improvements and housing
assistance to artists residing in the district.

Section four amends the real property tax law by adding a new section
that will give tax incentives to district residents who make
improvements to real property for the facilitation and accommodation
of the provisions set forth within this article.

JUSTIFICATION:
Artists and related professions have a high community
value and are cultural, social, and economic assets to any locality.
This legislation will improve the quality of life, enhance tourism and
establish a new economy within each participating city. New York
State has a long tradition of harboring creative activities and is
home to some of the world's most distinguished museums and performing
arts venues. Through State and local incentives, the pilot cities
listed above can revitalize areas and provide distinguished community
culture in presently abandoned, economically strapped areas. By
providing incentives to artists and their small business economy,
this legislation will foster the development of new markets oriented
towards individual (as opposed to mass-produced) artistic consumer
goods and entertainment facilities. The revitalization of downtown
districts, especially in Upstate cities could create an interest in
the redevelopment of existing infrastructure instead of extending
resources and infrastructure farther from our urban centers. An art
oriented economy will offer a distinguished cultural identity that
will attract tourism related industry and other economic interests.
Therefore, creating jobs and expanding the tax base for cities
lacking a strong service oriented economy.

PRIOR LEGISLATIVE HISTORY:
03/20/09 S3496 Referred to Cultural Affairs, Tourism, Parks & Recreation
05/05/09 Amend (T) and Recommit to Cultural Affairs,
Tourism, Parks & Recreation
05/05/09 Print number 3496A
01/06/10 Referred to Cultural Affairs, Tourism, Parks and Recreation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall be
deemed repealed on March 31, 2017.

S3847A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3847--A
 2011-2012 Regular Sessions
 I N  SENATE
 March 7, 2011
 
 Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
 printed to be committed to the Committee on Cultural Affairs, Tourism,
 Parks and Recreation --  recommitted  to  the  Committee  on  Cultural
 Affairs,  Tourism, Parks and Recreation in accordance with Senate Rule
 6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
 amended and recommitted to said committee
 

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:

 

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 Albany, Buffalo, Rochester, Syracuse and  Troy
 to establish arts-based districts in their cities.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01095-04-2
 
       S. 3847--A                          2
 

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:

 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.
 
       S. 3847--A                          3
 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
 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 ALBANY, BUFFALO, ROCHESTER,
 SYRACUSE AND TROY MAY ESTABLISH AN ARTS-BASED DISTRICT WITHIN ITS BOUND
 ARIES.  SUCH  DISTRICT  SHALL  HAVE  RESIDENTIAL  AND  ARTS-RELATED  AND
 SERVICE-RELATED  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 TOURISM.
 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 ALBANY, 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
 
       S. 3847--A                          4
 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
 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. This act shall take effect immediately and shall expire March 31,
 2018  when  upon  such  date  the provisions of this act shall be deemed
 repealed.

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