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The 192nd General Court of the Commonwealth of Massachusetts


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. Notwithstanding the provisions of section 53 of chapter 44 of the General Laws or any other general or special law to the contrary, the town of Sandwich is hereby authorized to establish in the town treasury a special account to be known as the Promotions Fund of the town of Sandwich, into which account shall be deposited certain receipts comprising a portion of the total local room occupancy tax received annually by the town under the provisions of section 3A of chapter 64G of the General Laws, as set forth in section 2, as well as any grants, gifts, or donations made to the town in furtherance of the purposes of this act.

SECTION 2. For the purposes of establishing the portion of the local room occupancy tax that may be deposited in said Fund, the town is hereby authorized to deposit, commencing during fiscal year 1999, 50 per cent of all local room occupancy tax revenue in excess of $160,000 received during fiscal year 1997; and for each subsequent year, 50 per cent of all local room occupancy tax revenue in excess of $160,000 received during the fiscal year two years prior. All interest earned from said Fund shall be treated as general fund revenue of the town of Sandwich.

SECTION 3. There is hereby established in the town of Sandwich a visitor services board consisting of five members to be appointed by the board of selectmen, one of whom shall be nominated by the Cape Cod canal regional chamber of commerce, one of whom shall be nominated by the Sandwich economic development committee, one of whom shall represent the retail interests within the town, one of whom shall be a member of the advisory landscape council, and one of whom shall be involved with town beautification. If any of the organizations with nominating privileges hereunder cease to exist or operate, the board of selectmen may appoint in place of such nominees individuals qualified to serve on said visitor services board. The board of selectmen shall fill any vacancies in said visitor services board in like manner.

SECTION 4. The visitor services board shall recommend to the annual town meeting, commencing with the 1998 town meeting, an amount of money to be appropriated for programs and projects that enhance the beautification, recreational resources, public safety, promotional and marketing activities, events, services, and public improvements which are of clear mutual interest to the residents and visitors of the town of Sandwich, and which strengthen said town as an attractive center for tourism, conventions, and related purposes of the visitor industry. The cost of such programs shall not exceed the funds available in the Promotions Fund of the town of Sandwich, and shall be allocated as follows: beginning with expenditures appropriated for fiscal year 1999, and appropriations made each subsequent fiscal year, no less than 10 per cent and no more than 40 per cent of said Fund shall be used for public improvements including beautification, recreational resources, and public safety related to the mutual needs of visitors and residents with the balance available for promotional programs and projects.

SECTION 5. Upon appropriation by town meeting of the amount of money for such programs, services and other projects described pursuant to section 4, the town administrator, with the approval of the visitors services board, shall be authorized to expend from said Fund for said programs, services, and projects, and may, for the purposes of this section, designate funds to be expended under the direction of the department of public works of the town of Sandwich or other town agency as applicable; or obtain competitive proposals or bids for any services, programs or projects to be provided to the town by vendor contracts, all in accordance with the requirements of chapter 30B of the General Laws or any other applicable law governing public bidding and procurement as may apply to the program or project. Any and all contracts for services, programs and projects authorized hereunder shall be awarded and executed by the board of selectmen, or its designee, upon the recommendation of the visitor services board, subject to compliance with all applicable procurement laws of the commonwealth.

SECTION 6. This act shall take effect as of July 1, 1997.

Approved December 23, 1997.