HB2096 PS AM 1-19

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:


§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) “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 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, 2011 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, 2011.

    (b) The chairperson of the board shall report during the July 2012 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.