Bill HD.4265

HOUSE DOCKET, NO. 4265 FILED ON: 10/3/2017

HOUSE . . . . . . . . . . . . . . . No.

By Ms. Tyler of Boston, a petition (subject to Joint Rule 12) of Chynah Tyler relative to the governance and operations of the Reggie Lewis Track and Athletic Center at Roxbury Community College. Higher Education.

The Commonwealth of Massachusetts

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

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An Act relative to the Reggie Lewis Track and Athletic Center.

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

Chapter 15A of the General Laws is hereby amended by striking out section 22A, as appearing in the 2016 Official Edition, and inserting in place thereof the following section:-

Section 22A. (a) For purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: -

“Advisory board”, the advisory board of the Reggie Lewis Track and Athletic Center established in subsection (d).

“Board of trustees”, the board of trustees of the Roxbury Community College

“Center”, the Reggie Lewis Track and Athletic Center

“College”, the Roxbury Community College.

“Fund”, the Reggie Lewis Track and Athletic Center Building Trust Fund established in section (f).

''Use for nonpublic purposes'', shall include, but not be limited to, the leasing or renting of the building for commercial entertainment activity.

''Use for public purposes'', shall include, but not be limited to, use by public high school track programs, members of the abutting residential community, members of the community at large and the Roxbury Community College athletic programs.

(b) The Reggie Lewis Track and Athletic Center at Roxbury Community College shall be a building containing a Massachusetts state track and athletic facility which shall be maintained at the college for public purposes. In the event the facility is not in use for public purposes, the board of trustees, in consultation with the advisory board, may permit use for nonpublic purposes for a rental amount to be determined by the board of trustees, in consultation with the advisory board.

(c) The board of trustees, in consultation with the advisory board, shall be responsible for the management and operation of the center including, but not limited to:

(i) establishing user fees;

(ii) entering into agreements with the Massachusetts State Track Coaches Association, Incorporated, the high school track program of the city of Boston, other public groups and nonpublic groups for nonpublic purposes in accordance with this section;

(iii) establishing rules and regulations for the use of the center by Massachusetts public high school track programs, members of the abutting residential neighborhoods, members of the community at large, the athletic programs of the college and nonpublic groups for nonpublic purposes in accordance with this section;

(iv) deciding the priority of uses and schedule for the center; and

(v) entering into agreements with vendors to provide concession stand services and other agreements as deemed necessary by the board of trustees, in consultation with the advisory board, for the maintenance and operation of the center.

(d) There shall be established the advisory board of the center. The advisory board shall advise and make recommendations to board of trustees regarding the management and operation of the center. The advisory board shall consist of: 4 members to be appointed by the Governor, 2 of whom shall be members of the Massachusetts State Track Coaches Association, Incorporated and 2 of whom shall be members of the athletic programs of the college and 5 members to be appointed by the representative in the house of representatives from the seventh Suffolk district, 2 of whom shall be members of the abutting residential community, 2 of whom shall be members of the business community and 1 of whom shall be a member of the high school track program of the city of Boston. The director of the center shall be an ex officio member of the advisory board and in such capacity shall advise and make recommendations to the advisory board.

Members of the advisory board shall serve terms of 2 years. Members of the advisory board shall serve without compensation, but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their official duties. Members of the advisory board shall not be state employees for purposes of chapter 268A by virtue of their service on the advisory board. The advisory board shall meet quarterly and upon: (i) the call of the director of the center or (ii) written request of any 3 members of the advisory board or the board of trustees. A majority of the members of the advisory board present and voting shall constitute a quorum. The advisory board shall advise and make recommendations to board of trustees regarding the management and operation of the center including, but not limited to:

(i) advising the board of trustees on establishing user fees;

(ii) advising the board of trustees on entering into agreements with the Massachusetts State Track Coaches Association, Incorporated, the high school track program of the city of Boston, other public groups and with nonpublic groups for nonpublic purposes in accordance with this section;

(iii) advising the board of trustees on establishing rules and regulations for the use of the center by Massachusetts public high school track programs, members of the abutting residential neighborhoods, members of the community at large, the athletic programs of the college and by nonpublic groups for nonpublic purposes in accordance with this section;

(iv) advising the board of trustees on deciding the priority of uses and schedule for the center;

(v) advising the board of trustees on entering into agreements with vendors to provide concession stand services and other agreements as deemed necessary by the board of trustees for the maintenance and operation of the center;

(vi) advising the board of trustees on the hiring and firing of executive positions at the center;

(vii) advising the board of trustees on use of the monies in the trust fund.

(viii) recommending, on its own initiative, rules and regulations and changes thereto that the advisory board considers important or necessary to the board of trustees; and

(viiii) considering all matters submitted to it by the board of trustees.

(e) The center shall be made available without charge for use by public high school track programs and the athletic programs of the college. The center shall be made available on a user fee basis for members of the public. The center shall be made available at market rate, as determined by the board of the trustees, in consultation with the advisory board, for use for nonpublic purposes; provided, that, the center is not being used for public purposes.

(f) There shall be established at the college a separate trust fund to be known as the Reggie Lewis Track and Athletic Center Building Trust Fund. Said trust fund shall consist of all user fees collected as a result of the use of the center, the commissions received from concession stands and all other fees paid to the college as a result of the use of the center.

Said trust fund shall be established by the board of trustees and shall be under the Board’s supervision and control in accordance with Chapter 15A and established state trust fund guidelines. The monies in the trust fund shall be expended by the board of trustees for equipment repair and maintenance, and for operating expenses associated with the center, and for such other purposes as the board of trustees in consultation with the advisory board may deem appropriate and as may further enhance the operation of the center.

(g) The annual operating expenses of the center shall be separate and distinct from appropriations within the general appropriations act for the college, shall use a separate item of appropriation and shall be audited biennially by the state auditor.

(h) The records of the board of trustees and advisory board shall be public records pursuant to chapter 66.

Name:	District/Address:	Date Added:
Chynah Tyler	7th Suffolk	10/3/2017