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The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mary S. Keefe and David M. Rogers
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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 establishing the Representative Chris Walsh disaster and emergency aid fund for
Massachusetts artists.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS: DATE ADDED:
Mary S. Keefe 15th Worcester 2/18/2021
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 HOUSE DOCKET, NO. 2685 FILED ON: 2/18/2021
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[Pin Slip]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2942 OF 2019-2020.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
An Act establishing the Representative Chris Walsh disaster and emergency aid fund for
Massachusetts artists.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. As used in this section, the following words shall, unless the context
2 otherwise requires, have the following meanings:–
3 Massachusetts Artist: a person who makes “original and creative work” and resides in the
4 Commonwealth of Massachusetts. A Massachusetts Artist shall be deemed to be residing in the
5 Commonwealth of Massachusetts if (a) domiciled in the state, or (b) maintaining a permanent
6 place of abode in state and in the state for an aggregate of more than one-hundred-eighty-three
7 days of the taxable year.
8 Original and Creative Work: a work that falls into any or all of the following categories:
9 1) a book or other writing; 2) a play or the performance of said play; 3) a musical composition or
10 the performance of said composition; 4) “traditional and fine crafts”; 5) the creation of a film or
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11 the acting within said film; 6) the creation of a dance or the performance of said dance; 7) a work
12 of “Fine Art” as defined by Chapter 104A, Section 1 of the General Laws
13 Original and creative work shall not include any piece or performance created or
14 executed for industry-oriented or related production.
15 Traditional and fine crafts: a work that is a handcrafted or handmade functional or
16 nonfunctional object that is unique or is of a limited production and is not mass-produced in
17 large quantities by a factory. Traditional and fine crafts are further defined as an original work
18 made substantially by hand, wherein the skill and technique of manipulation the material is
19 primary to the artistic process and falls into any one or more of the following categories: jewelry,
20 furniture, glass-based work, carving work, ceramic and clay work, wood based objects, metal
21 based objects, Indigenous and Aboriginal art, folk art, decorative art, functional and non-
22 functional leather based work, handcrafted lamps, handmade paper based work, handmade
23 baskets, textile-based and fiber-based work such as but not limited to handmade or handcrafted
24 weavings, clothing, accessories, rugs, quilts, embroidery based work, knit based objects, or any
25 or any combination of the aforementioned materials.
26 Fine art: a painting, photograph, sculpture, functional sculpture, hologram, wearable art,
27 drawing, fiber-based work, ceramic-based work, metal work, conceptual-based art, glass-based
28 work, an installation, a work that is created or displayed using computer, digital devices and/or
29 new technology such as but not limited to digital prints, ts, digital photographs, CD Roms,
30 DVDs, cyberart, a web/internet based art work, a performance-based art work and the results of
31 the performance such as but not limited to film, video, DVDs, CD Roms, a sound work, an
32 electronic-based work, a work of graphic art, including an etching, lithograph, off set print, silk
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33 screen/screen print, or work of graphic art of like nature, a work of calligraphy, an artist’s book,
34 or a work in mixed media including collage, assemblage or any combination of the
35 aforementioned art media.
36 Disaster: a naturally occurring catastrophic event such as – but not limited to – a
37 hurricane, flood, fire, earthquake, or a man-made or caused event such as but not limited to a
38 fire, explosion, terrorist attack or war-related catastrophe.
39 Emergency: a major accident such as but not limit to a car crash, bike, a fall, an animal
40 attack; or any other type of major accident causing the loss of wages or a job; a health care
41 emergency; an unexpected loss of employment, an unexpected loss of housing; an unexpected
42 loss of studio or practice space; unexpected loss of childcare or eldercare; an act of violence
43 perpetrated against a Massachusetts Artist causing them to forgo earning their income; a
44 temporary sickness of a physical or psychological nature; a temporary disability; the theft of a
45 Massachusetts Artist’s work, equipment, instrument(s), or materials; the inability of a
46 Massachusetts Artist to afford health insurance; or any other situation that will cause
47 unanticipated financial hardship and threaten their livelihood and artistic practice.
48 SECTION 2. (a) There shall be established and set up on the books of the
49 Commonwealth a separate fund to be known as the Representative Chris Walsh Massachusetts
50 Artists Disaster and Emergency Aid Fund, named in memory of the late State Representative
51 Chris Walsh (May 20, 1951 – May 2, 2018) of Framingham, hereinafter “the fund,” for the
52 purposes of ensuring the safety and vitality of artists residing in the Commonwealth. Any such
53 amounts expended will be dispersed to Massachusetts Artists who have endured an emergency or
54 disaster as defined in Section 1.
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55 (b) The fund shall be held in trust by the State Treasurer exclusively for the purposes
56 established herein. The fund shall be administered by the State Treasurer, who will serve as
57 treasurer and custodian of the fund and shall have the custody of its moneys and securities.
58 (c) The State Treasurer may invest any moneys held for the credit of the fund instruments
59 permitted under Sections 38, 38A, 38C and 49 of Chapter 29 of the General Laws. The State
60 Treasurer may create a 501(c)(3) corporation to fulfill the purposes of the fund.
61 SECTION 3. (a) As custodian of the fund, the State Treasurer may accept monetary
62 donations to the fund from individuals, museums, organizations, associations, nonprofits,
63 businesses, estates, foundations or other entities.
64 (b) Section 6 (c) of Chapter 353 of the Acts of 2006 is hereby amended by inserting after
65 the phrase “The consignee shall keep on file a record of attempts to contact the consignor,” the
66 following sentence: “The consignee may sell or auction any forfeited artwork in a manner the
67 consignee considers appropriate for the purpose of donating the proceeds of said transaction to
68 the Disaster and Emergency Aid Fund for Massachusetts Artists.”
69 (c) All moneys obtained by the State Treasurer on behalf of the fund for the purposes
70 established herein will be received either through donation or other means, and any
71 amounts obtained and subject to dispersal from said fund will not be the result of Legislative
72 appropriation.
73 SECTION 4. All applicants to receive moneys from said fund would be required to meet
74 the definition of "Massachusetts Artist” as defined in Section 1. Any additional criteria regarding
75 qualification for funds and amounts dispersed are to be established by the State Treasurer or his
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76 designee. The State Treasurer or his designee may work with nonprofit arts organizations, state
77 offices or agencies, or with State Legislative Committees including – but not limited to – the
78 Joint Committee on Tourism, Arts, and Cultural Development to establish a process and criteria
79 for distributing funds to Massachusetts Artists. The State Treasurer may at his discretion form a
80 five-member commission to provide approval for fund dispersal and to oversee the
81 administrative functions of said fund.
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