SENATE BILL 221
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Howie Morales
AN ACT
RELATING TO ECONOMIC DEVELOPMENT; AMENDING THE ARTS AND CULTURAL DISTRICT ACT; CLARIFYING TYPES OF ARTS AND CULTURAL DISTRICTS AND DESIGNATION PROCEDURES; PERMITTING ARTS AND CULTURAL DISTRICTS FOR TRIBAL ENTITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 15-5A-1 NMSA 1978 (being Laws 2007, Chapter 160, Section 1) is amended to read:
"15-5A-1. SHORT TITLE.--[Sections 1 through 7 of this act] Chapter 15, Article 5A NMSA 1978 may be cited as the "Arts and Cultural District Act"."
SECTION 2. Section 15-5A-2 NMSA 1978 (being Laws 2007, Chapter 160, Section 2) is amended to read:
"15-5A-2. DEFINITIONS.--As used in the Arts and Cultural District Act:
[A. "arts and cultural district" means a developed district of public and private uses designated by the commission or a municipality;
B.] A. "commission" means the New Mexico arts commission; [and
C.] B. "coordinator" means the person responsible for coordinating the main street program pursuant to Subsection B of Section 3-60B-3 NMSA 1978;
C. "creative economy" means a local economy or portion thereof where creativity in cultural entrepreneurship is the driving force of economic growth and supports job creation and business development;
D. "cultural compound" means a cohesive group of historic buildings or cultural facilities, owned publicly or privately, that contributes to the understanding of a community or region's culture and heritage;
E. "cultural institution" means a publicly or privately owned facility accessible by the public that provides opportunities for expressing, interpreting, conserving or preserving the culture and heritage of a community or region;
F. "cultural plan" means a plan resulting from a community-based planning process conducted by a professional cultural planner to identify a vision for a state-authorized or self-designated arts and cultural district and define that district's cultural assets, potential impact of cultural and heritage tourism, cultural opportunities, branding and marketing strategies, development of promotional events and supportive amenities, including hospitality, restaurant, recreational and entertainment opportunities;
G. "governing body" means a government of:
(1) a municipality or county located in New Mexico; or
(2) an Indian nation, tribe or pueblo located wholly or partially in New Mexico;
H. "master plan" means a plan resulting from a professional planning process that:
(1) identifies priority catalytic economic development projects to revitalize a downtown area, a cultural institution or a cultural compound as determined through a community participation process;
(2) examines existing conditions and assets and analyses of the market;
(3) develops a physical land use plan with livability and design guidelines;
(4) designs specific redevelopment sites and projects; and
(5) identifies sustainable implementation strategies and funding sources for a state-authorized or self-designated arts and cultural district's future physical improvements, economic uses and regulations;
I. "self-designated arts and cultural district" means an arts and cultural district designated by a governing body of a municipality or county in New Mexico with a population exceeding fifty thousand or of an Indian nation, tribe or pueblo located wholly or partially in New Mexico with a population exceeding fifty thousand that is established pursuant to the standards set forth in the Arts and Cultural District Act;
J. "state-authorized arts and cultural district" means an arts and cultural district authorized by the commission, established pursuant to the standards set forth in the Arts and Cultural District Act, whose boundaries and purposes are adopted by a governing body; and
K. "state council" means an association of official representatives, including the main street program of the economic development department; the arts division and historic preservation division of the cultural affairs department; the tourism department; and other statewide nonprofit or foundation organizations dedicated to developing funding, policy, strategies and resources for the state's creative economy and supporting cultural entrepreneurs within the state's arts and cultural districts; and
L. "steering committee" means an association of representatives, including a local arts council; a local revitalization or community economic development organization; a governing body; and other local neighborhood, historic, arts and cultural organizations, institutions and agencies, which committee is organized to set goals and policies, obtain financing and implement projects to develop a state-authorized or a self-designated arts and cultural district."
SECTION 3. Section 15-5A-3 NMSA 1978 (being Laws 2007, Chapter 160, Section 3) is amended to read:
"15-5A-3. [MAIN STREET] STATE-AUTHORIZED ARTS AND CULTURAL DISTRICT PROGRAM COORDINATOR--DUTIES.--
A. The coordinator shall:
(1) review and approve or reject applications from [municipalities] a governing body, citizens and nonprofit organizations to designate a state-authorized arts and cultural [districts] district pursuant to the Arts and Cultural District Act;
(2) administer and promote an application process for the [designation] authorization of state-authorized arts and cultural districts;
(3) provide assistance to state-authorized arts and cultural districts to locate financial grants or contracts for development of a state-authorized arts and cultural district, including planning, designing, construction and renovation costs; [and]
(4) develop policies and standards for [the designation of] applications to, review by and recommendations of the commission for state-authorized arts and cultural districts and for the declassification should a state-authorized arts and cultural district not comply with the policies and standards established by the commission as set forth in an approved application; and
(5) coordinate, orchestrate and manage the work of the state council in support of the local authorized arts and cultural district and its steering committee.
B. The coordinator shall require annual reports to be presented at the January meeting of the commission from each state-authorized arts and cultural district for purposes of reviewing the activities of that district, including the compliance of the district with the policies and standards of the commission and with the conditions of an approved application."
SECTION 4. Section 15-5A-4 NMSA 1978 (being Laws 2007, Chapter 160, Section 4) is amended to read:
"15-5A-4. ARTS AND CULTURAL DISTRICTS--CREATION.--
A. A state-authorized arts and cultural district may be created [by the municipality] through the adoption of an ordinance by a governing body in which the proposed arts and cultural district will be located only if the proposed district meets the criteria set forth in Subsection C of this section and is approved by the commission.
B. A [municipally authorized] self-designated arts and cultural district may be created [by a municipality with a population greater than fifty thousand] through the adoption of an ordinance by a governing body in which the proposed arts and cultural district will be located if the proposed district meets the criteria set forth in Subsection C of this section.
C. [An] A state-authorized arts and cultural district and self-designated arts and cultural district shall:
(1) be in a geographically contiguous area that ranges in size from a portion of a municipality to a regional district with a special coherence;
(2) be distinguished by physical and cultural resources that play a vital role in the life and development, including economic and cultural development, of the creative economy of a community;
(3) focus on a cultural compound; a major art or cultural institution; art, cultural and entertainment businesses; an area with arts and cultural activities; or cultural or artisan production; [and]
(4) be engaged in promotion, preservation and educational aspects of the arts and culture of that locale and contribute to the public through interpretive, educational and recreational uses; and
(5) be dedicated to the conservation and preservation of a district's cultural and historical assets and institutions and to supporting the work of its artisans, arts and crafts people and cultural entrepreneurs."
SECTION 5. Section 15-5A-5 NMSA 1978 (being Laws 2007, Chapter 160, Section 5) is amended to read:
"15-5A-5. STATE-AUTHORIZED DISTRICTS.--
A. The coordinator shall review applications submitted by [municipalities] governing bodies, citizens or nonprofit organizations for the purpose of [designating an] authorizing a state-authorized arts and cultural district and make a recommendation to the commission for action on each application. Citizens and nonprofit organizations that submit an application shall include a formal endorsement of the application by the [municipal government in] governing body of the jurisdiction within which the proposed district is to be located.
B. After reviewing an application for the [designation] authorization of [an] a state-authorized arts and cultural district, the commission shall approve or reject the application or send it back to the applicant with a request for changes or additional information.
C. The commission shall designate no more than five state-authorized arts and cultural districts in a calendar year. Rejected applicants may re-apply without prejudice.
D. If the commission approves an application for the [designation] authorization of [an] a state-authorized arts and cultural district, it shall notify the applicant in writing and shall specify the terms and conditions of the commission's approval, including the terms and conditions set forth in the application and as modified by written agreement between the applicant and the commission.
[E. After the commission approves an application for the designation of a state-authorized arts and cultural district, the applicable municipality may pass a local ordinance to establish the state-authorized arts and cultural district pursuant to the terms and conditions specified in the approved application. Municipalities may administer arts and cultural districts through a newly created local commission with a specific mission to oversee the district subject to review by the municipality.]
E. After the commission approves an application for the authorization of a state-authorized arts and cultural district, the district may receive technical assistance from participating state agencies to establish the formal purposes of the district, performance measures, a cultural plan, an arts and cultural district master plan and the district boundaries. In order to create a state-authorized arts and cultural district, the governing body shall, within thirty months of the authorization by the commission, adopt an ordinance to establish the state-authorized arts and cultural district boundaries and purposes pursuant to the terms and conditions specified in the approved application. The state-authorized arts and cultural district shall be administered through a steering committee that shall oversee and implement the district's activities and policies, subject to an annual review by the commission.
F. The steering committee for a state-authorized arts and cultural district shall develop benchmarks and performance measures marking successful economic progress of the district related to its adopted purposes, annually reporting such measures to the commission. The steering committee is responsible for budgeting, financing, project development and implementation of the district's organization and its projects and activities within the district, including establishing funding mechanisms to create a stable and sustainable source of funding through local, state and federal grants, loans and financing mechanisms, including the Local Economic Development Act, Lodgers' Tax Act, quality of life gross receipts tax, tax increment development districts, business improvement districts, metropolitan redevelopment areas and capital outlay."
SECTION 6. Section 15-5A-6 NMSA 1978 (being Laws 2007, Chapter 160, Section 6) is amended to read:
"15-5A-6. [MUNICIPALLY AUTHORIZED] SELF-DESIGNATED ARTS AND CULTURAL DISTRICTS.--
A. Municipalities, counties and Indian nations, tribes and pueblos with a population greater than fifty thousand that choose to [authorize] designate their own arts and cultural districts shall pass a local ordinance stating minimum requirements for establishing the arts and cultural district, and any [municipally authorized] self-designated arts and cultural district shall meet the criteria contained in Subsection C of Section [4 of the Arts and Cultural District Act] 15-5A-4 NMSA 1978.
B. A governing body shall inform the coordinator and the commission of the designation and purposes of a self-designated arts and cultural district within three months of the creation of the district.
C. The governing body of a self-designated arts and cultural district may request approval from the commission to convert the district into a state-authorized arts and cultural district. Such a request shall be submitted to the coordinator and shall include documentation that the self-designated arts and cultural district meets the criteria set forth in Subsection C of Section 15-5A-4 NMSA 1978. The coordinator shall submit to the commission the conversion request and the coordinator's recommendations regarding approval or denial of the request for conversion.
D. A self-designated arts and cultural district shall report annually to the commission regarding the district's progress and compliance with the standards for self-designated arts and cultural districts set forth in the Arts and Cultural District Act."
SECTION 7. Section 15-5A-7 NMSA 1978 (being Laws 2007, Chapter 160, Section 7) is amended to read:
"15-5A-7. ARTS AND CULTURAL DISTRICT FUND ESTABLISHED.--The "arts and cultural district fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests. The fund shall be administered by the arts division of the cultural affairs department, and money in the fund is appropriated to the arts division of the cultural affairs department to carry out the provisions of the Arts and Cultural District Act and to support projects that meet the goals and priorities as set forth in a state-authorized arts and cultural district's cultural plan and master plan. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of cultural affairs or the secretary's authorized representative."
SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
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