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2 | 2 | | SENATE DOCKET, NO. 1710 FILED ON: 1/16/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2332 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Robyn K. Kennedy |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing a program for local art and community engagement. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Robyn K. KennedyFirst WorcesterPaul W. MarkBerkshire, Hampden, Franklin and |
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16 | 16 | | Hampshire |
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17 | 17 | | 1/21/2025 1 of 5 |
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18 | 18 | | SENATE DOCKET, NO. 1710 FILED ON: 1/16/2025 |
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19 | 19 | | SENATE . . . . . . . . . . . . . . No. 2332 |
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20 | 20 | | By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 2332) of Robyn K. Kennedy and |
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21 | 21 | | Paul W. Mark for legislation to establish a program for local art and community engagement. |
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22 | 22 | | Tourism, Arts and Cultural Development. |
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23 | 23 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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24 | 24 | | SEE SENATE, NO. 2190 OF 2023-2024.] |
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25 | 25 | | The Commonwealth of Massachusetts |
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26 | 26 | | _______________ |
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27 | 27 | | In the One Hundred and Ninety-Fourth General Court |
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28 | 28 | | (2025-2026) |
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29 | 29 | | _______________ |
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30 | 30 | | An Act establishing a program for local art and community engagement. |
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31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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32 | 32 | | of the same, as follows: |
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33 | 33 | | 1 Chapter 7C of the General Laws is hereby amended by adding the following new |
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34 | 34 | | 2section:- |
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35 | 35 | | 3 Section 73. Whereas public buildings and infrastructure are the physical manifestation of |
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36 | 36 | | 4the commonwealth’s identity and connection with its citizens, and whereas the commonwealths |
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37 | 37 | | 5rich diversity of cultural communities is one of its greatest assets, and whereas a statewide public |
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38 | 38 | | 6art program would ensure that our citizenry’s diverse cultural heritage enhances the built |
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39 | 39 | | 7environment across the state and result in increased civic participation and economic prosperity |
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40 | 40 | | 8through local investment and increased tourism, therefore the commonwealth will enact An Act |
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41 | 41 | | 9establishing a program for local art and community engagement 2 of 5 |
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42 | 42 | | 10 There shall be in the executive office of housing and livable communities a commission |
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43 | 43 | | 11to be known as the program for local art and community engagement commission (“the PLACE |
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44 | 44 | | 12Commission”), which shall consist of 1 member to be appointed by the governor and who shall |
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45 | 45 | | 13be an artist or representative from a nonprofit or community organization with experience in |
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46 | 46 | | 14and/or commitment to the creation, installation, and/or administration of public art ; 1 member to |
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47 | 47 | | 15be appointed by the speaker of the house of representatives and who shall be an artist or |
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48 | 48 | | 16representative from a nonprofit or community organization with experience in and/or |
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49 | 49 | | 17commitment to the creation, installation, and/or administration of public art; 1 member to be |
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50 | 50 | | 18appointed by the senate president and who shall be an artist or representative from a nonprofit or |
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51 | 51 | | 19community organization with experience in and/or commitment to the creation, installation, |
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52 | 52 | | 20and/or administration of public art; the secretary of housing and livable communities or a |
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53 | 53 | | 21designee; the commissioner of capital asset management and maintenance or a designee; the |
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54 | 54 | | 22executive director of the Massachusetts cultural council or a designee; 1 member appointed by |
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55 | 55 | | 23the president of the Massachusetts College of Art and Design; 1 member appointed by the |
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56 | 56 | | 24executive director of the Massachusetts association of community development corporation; and |
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57 | 57 | | 251 member appointed by the executive director of the metropolitan area planning council. Best |
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58 | 58 | | 26efforts shall be exercised to ensure that each iteration of the PLACE Commission contains |
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59 | 59 | | 27representation from the Commonwealth’s different geographic. The PLACE Commission will be |
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60 | 60 | | 28co-chaired by the secretary of housing and livable communities or a designee and the executive |
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61 | 61 | | 29director of the Massachusetts cultural council or a designee. The PLACE Commission shall meet |
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62 | 62 | | 30once each quarter and otherwise at the discretion of the chairs. |
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63 | 63 | | 31 Each appointive member shall be appointed for a term of three years, with the members |
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64 | 64 | | 32initially appointed serving staggered terms. Persons appointed to fill vacancies shall serve for the 3 of 5 |
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65 | 65 | | 33unexpired term. Any member shall be eligible for reappointment, except that no appointive |
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66 | 66 | | 34member shall serve for more than two consecutive terms. Members shall serve without |
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67 | 67 | | 35compensation. |
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68 | 68 | | 36 (a) There shall be established a fund to be known as the program for local art and |
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69 | 69 | | 37community engagement fund ("the PLACE Fund"). The PLACE Fund, in addition to |
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70 | 70 | | 38contributions from private sources, shall receive half-of-one-percent of the public funds allocated |
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71 | 71 | | 39for the construction or renovation of any building or property owned by the Commonwealth, not |
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72 | 72 | | 40to exceed $300,000 per construction or renovation project. This cap shall be adjusted on July 1st |
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73 | 73 | | 41of each year by the growth rate of the inflation index over the preceding 12 months. The |
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74 | 74 | | 42executive office of housing and livable communities shall serve as the PLACE Fund’s treasurer |
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75 | 75 | | 43and custodian. |
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76 | 76 | | 44 (b) Notwithstanding any general or special law to the contrary, the PLACE Commission |
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77 | 77 | | 45shall enter into a contract with the Massachusetts cultural council or another qualified |
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78 | 78 | | 46organization for the administrative operation of the PLACE Commission, which includes serving |
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79 | 79 | | 47as the secretary during PLACE Commission meetings, and perform such other tasks as |
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80 | 80 | | 48determined by the PLACE Commission. The Massachusetts cultural council shall appoint, with |
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81 | 81 | | 49the PLACE Commission’s approval, such additional employees as may be required in the |
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82 | 82 | | 50performance of the PLACE Commission’s duties. All salaries of appointed Massachusetts |
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83 | 83 | | 51cultural council appointed employees shall be drawn from the PLACE Fund. The PLACE |
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84 | 84 | | 52Commission may enter into a contract with another qualified organization to manage some or all |
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85 | 85 | | 53of PLACE Commission administration only if the Massachusetts cultural council fails to |
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86 | 86 | | 54adequately perform its duties under a duly executed contract, ceases to exist, or for just cause. If |
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87 | 87 | | 55the PLACE Commission enters into a contract with another qualified organization, the PLACE 4 of 5 |
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88 | 88 | | 56Commission shall submit, in writing, the reasons for the termination of its contract with the |
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89 | 89 | | 57Massachusetts cultural council to the chairs of the joint committee on economic development |
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90 | 90 | | 58and emerging technologies and the chairs of the joint committee on tourism, arts and cultural |
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91 | 91 | | 59development. A contract executed pursuant to this section shall address, but shall not be limited |
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92 | 92 | | 60to: proposed rules and guidelines for the fund, providing technical assistance to potential |
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93 | 93 | | 61applicants, reviewing and evaluating applications and providing findings and recommendations |
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94 | 94 | | 62to the PLACE Commission as to which grant applications should be approved and awarded and |
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95 | 95 | | 63which should be denied. The PLACE Commission shall establish rules relative to the Fund, with |
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96 | 96 | | 64the advice of the committee. Copies of the rules, and any modifications or amendments thereto, |
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97 | 97 | | 65shall be delivered to the clerk of the house of representatives, the clerk of the senate, the chairs of |
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98 | 98 | | 66the house and senate committees on ways and means, the chairs of the joint committee on |
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99 | 99 | | 67economic development and emerging technologies and the chairs of the joint committee on |
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100 | 100 | | 68tourism, arts, and cultural development. |
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101 | 101 | | 69 (c) The PLACE Commission, assisted by Massachusetts cultural council and its |
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102 | 102 | | 70designated staff, shall administer the PLACE Fund with the purpose of providing financial |
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103 | 103 | | 71support for the selection, design, creation, acquisition, installation, maintenance, conservation, |
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104 | 104 | | 72and/or promotion of public art in the Commonwealth. Such administration shall include: (i) |
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105 | 105 | | 73establishing and executing processes for the application, approval, acquisition, and installation of |
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106 | 106 | | 74public art projects seeking funds; (ii) working with state agencies to assure compliance with this |
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107 | 107 | | 75section; (iii) working with public and private stakeholders to identify artists, projects, and |
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108 | 108 | | 76installation sites; (iv) ensuring the relevance and acceptance of public art by convening a local |
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109 | 109 | | 77advisory group for each new public art project that includes relevant local site users and 5 of 5 |
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110 | 110 | | 78community stakeholders; (v) developing access to and education of public art; and (vi) |
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111 | 111 | | 79cataloguing and maintaining public art. |
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112 | 112 | | 80 (d) In furtherance of the PLACE Commission’s purpose of growing the creative and |
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113 | 113 | | 81general economy throughout Massachusetts, (i) all public art acquired using the PLACE Fund |
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114 | 114 | | 82shall be owned by the Commonwealth; (ii) best efforts shall be exercised to ensure PLACE |
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115 | 115 | | 83Commission projects are distributed across the Commonwealth’s different geographic regions; |
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116 | 116 | | 84and (iii) best efforts shall be exercised by the PLACE Commission to support artists from |
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117 | 117 | | 85Massachusetts. |
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118 | 118 | | 86 (e) Annually, on September 1 of each year, the PLACE Commission shall provide a |
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119 | 119 | | 87report describing the implementation of the PLACE Fund and awarded funds to the secretary of |
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120 | 120 | | 88administration and finance, the house committee on ways and means, the senate committee on |
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121 | 121 | | 89ways and means, the joint committee on tourism, arts and cultural development, the clerk's office |
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122 | 122 | | 90for the house of representatives, and the clerk's office for the senate. |
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123 | 123 | | 91 (f) The PLACE Commission shall be established no later than December 1, 2026. |
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