HOUSE DOCKET, NO. 4436        FILED ON: 12/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4163

The Commonwealth of Massachusetts

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PRESENTED BY:

Solomon Goldstein-Rose and Stanley C. Rosenberg

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to establish a public art fund in the town of Amherst.

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PETITION OF:

HOUSE DOCKET, NO. 4436        FILED ON: 12/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4163

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to establish a public art fund in the town of Amherst.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Capital improvement”,  the construction of public buildings, or additions to existing buildings, including land acquisition costs and equipment needed to furnish the new building or addition for the first time; or major alterations, renovations, or improvements to existing buildings that extend the useful life of the existing buildings by at least 10 years.

“Estimated eligible funds”, the estimated funds for construction projects from the General Fund of the town of Amherst, including any funds to be borrowed that will be repaid from the General Fund unless excluded as an appropriate purpose for expenditure, as determined by the town manager or a designee.

(b) Notwithstanding section 53 of chapter 44 of the General Laws, or any other general or special law to the contrary, the town of Amherst may establish a special fund to be known as the Public Art Fund for the purpose of allocating monies for the development and creation of art in and upon public space in the town of Amherst. The fund shall be credited, without further appropriation, with an amount equal to ½ per cent of the total estimated eligible funds of construction or capital improvement projects with a budget of not less than $100,000; provided, however, that if the estimated eligible funds are decreased, such credit to the fund shall be recalculated based on the lower estimated eligible funds; and provided, further, that the costs for public art projects funded by the Public Art Fund shall be eligible for borrowing. Any interest accrued shall be credited to and become part of the fund. Any balance remaining at the end of a fiscal year shall carry over to the next fiscal year and thereafter if not then expended for the purposes set forth in this act.

(c) Monies in the fund may be expended for: (i) design services of artists; (ii) the selection, acquisition, purchase, commissioning, installation, examination or display of original artworks; (iii) necessary jurying fees or payments to artists for submitting proposals; (iv) necessary travel by the artist during the selection or art development process; (v) site permits or fees; (vi) plaques,

labels or other identification materials; (vii) the maintenance of artworks; (viii) educating the public about the artwork; and (ix) administrative costs to manage the program; provided, further, that monies unused from capital building projects that are not otherwise returned to the funding source pursuant to paragraph (d), may be used to support performing arts or other public art needs as determined by the public art commission of the town of Amherst.

(d) Any monies appropriated to the Public Art Fund for a particular municipal art project which have not been spent within 3 years of such appropriation, or, upon approval by the select board of the town of Amherst, within 5 years, shall become available for the purposes of the general public art needs of the town, as recommended by the public art commission of the town of Amherst; provided, however, if such monies are derived from a note or bond authorized by the select board of the town of Amherst or from other special purpose or dedicated funds, the monies shall revert to the funds from which they derive at the expiration of said 3 or 5 year period.

SECTION 2. This act shall take effect upon its passage.