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The 191st General Court of the Commonwealth of Massachusetts

AN ACT ESTABLISHING A SPECIAL EVENTS FUND IN THE CITY OF BOSTON

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 section 53 of chapter 44 of the General Laws or any other general or special law to the contrary, the city of Boston may establish and maintain a separate fund to be known as the Special Events Fund, hereinafter referred to as the fund. The fund shall be used exclusively to enable, assist, support and fund civic, educational, recreational, literary, scientific, artistic, theatrical and musical functions and events for the benefit, enjoyment and edification of residents and visitors of the city.
         SECTION 2.  All monetary contributions shall be paid directly to the fund without appropriation and without acceptance and approval pursuant to section 53A of chapter 44 of the General Laws. All monetary contributions shall be voluntary donations and shall not be in exchange for any city service or use of city property. All money remaining in the fund at the end of a fiscal year shall remain the property of the fund. Money in the fund may be expended without any appropriation.
         SECTION 3.  The collector-treasurer of the city of Boston shall be the custodian of the fund and shall maintain the fund as a separate account and may deposit the proceeds of the fund in national banks, or invest the same by deposit in savings banks, co-operative banks or trust companies organized under the laws of the commonwealth, or invest the same in such securities as are legal for the investment of funds of savings banks under the laws of the commonwealth, or in federal savings and loan associations situated in the commonwealth. Any interest or revenue accrued or generated by the fund shall be added to and shall become a part of the fund. The books and records of the fund shall be audited annually by an independent auditor in accordance with accepted accounting practices.
         SECTION 4.  The fund shall be controlled and administered by a board, which shall include 5 persons who shall be appointed by the mayor of the city of Boston for terms not to exceed 3 years. The mayor shall designate 1 of the appointees to serve as chair. Board members shall serve without compensation. The board shall be considered a municipal agency and the appointed board members shall be considered special municipal employees for the purposes of chapter 268A of the General Laws. The board shall be considered a public employer and the board members shall be considered public employees for the purposes of chapter 258 of the General Laws. The board shall hold quarterly meetings and shall produce an annual report for the mayor and city council. The board shall adopt rules and regulations for the governance of its internal affairs. All decisions of the board and any expenditures ordered by the board shall be made only for the specific purpose of enabling, assisting and funding civic, educational, recreational, literary, scientific, artistic, theatrical and musical functions and events in the city of Boston. Where a donor has expressed an intent that a donation be used to fund a particular event or function, the board shall expend the donated funds in conformance with the donor’s intent.
         SECTION 5.  This act shall take effect upon its passage.

Approved, January 2, 2015.