Mass. Gen. Laws ch. 23A, sec. 13W — MA Code / Part I / Title II / Chapter 23A / Section 13W
Sports and Entertainment Events Fund
Status: in_force

[ Text of section added by 2025, 73, Sec. 11 effective November 25, 2025.] Section 13W. (a) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Sports and Entertainment Events Fund, which shall be administered by the office of travel and tourism established in section 13F. The fund shall be credited with: (i) revenue from appropriations and other money authorized by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iii) interest earned on money in the fund. The unexpended balance in the fund at the end of a fiscal year shall not revert to the General Fund and shall remain available for expenditure in subsequent fiscal years. (b)(1) Amounts credited to the fund shall be expended, without further appropriation, for a competitive matching grant program administered by the office of travel and tourism for major sports or entertainment events to provide: (i) event services; (ii) sports development; (iii) sports marketing; or (iv) construction, functioning or operation of a sports or entertainment event; provided, however, that in evaluating grant applications, priority shall be given to applicants based upon expected return-on-investment and that clearly identify direct and indirect economic impacts on the tourism industry in the commonwealth and help promote the commonwealth in national and international media; and provided further, that no grant award shall provide more than half of the balance of the fund to any 1 recipient in any calendar year; and provided further, that the office of travel and tourism shall require a match of not less than one-to-one for any grants issued from the fund. (2) Grants under this section shall be awarded in a manner that promotes geographic equity. (c)(1) Any grant awarded pursuant to clause (i) or (iv) of paragraph (1) of subsection (b) shall require an applicant to provide complete and accurate responses and disclosures for itself and for any contractors or vendors to be utilized for the sports or entertainment event which shall include: (i) certification that the applicant and any contractors or vendors it utilizes have complied with chapters 149, 151, 151A, 151B and 152 and 29 U.S.C. 201, et seq. and federal anti-discrimination laws for the last 3 calendar years; (ii) certification that the applicant and any contractors or vendors it utilizes are currently, and shall remain, in compliance with chapters 149, 151, 151A, 151B and 152 and 29 U.S.C. 201, et seq. and federal anti-discrimination laws for the duration of the services or labor; (iii) a disclosure by the applicant as to whether it and any contractors and vendors it utilizes to support sports or entertainment events have previously contracted with a labor organization, as defined by chapter 150A and section 2 of the National Labor Relations Act, in the commonwealth or elsewhere; and (iv) a disclosure by the applicant of its plans for assuring labor harmony for the duration of work to support sports or entertainment events both separately and in conjunction with its contractors and vendors. (2) Any grant awarded pursuant to clause (i) or (iv) of paragraph (1) of subsection (b) for any construction on publicly owned or leased property to support a sports or entertainment event shall require an applicant to provide complete and accurate responses and disclosures for itself and any contractors or sub-contractors to be utilized for the sports or entertainment event which shall include: (i) certification that the applicant and any contractors and sub-contractors are in compliance with the commonwealth's public procurement and bidding statutes, pursuant to chapters 30, 149 and 149A; (ii) disclosures in which the applicant shall specify whether it and any contractors and subcontractors on the project participates in a state or federally certified apprenticeship program and the number of apprentices the apprenticeship program has trained to completion for each of the last 5 calendar years; (iii) a requirement that the applicant provide a statement of intent concerning the extent to which the applicant and any contractors and sub-contractors on the project intend to utilize apprentices on the project if a grant is awarded; and (iv) certification that the applicant and any contractors or sub-contractors have not been debarred by the federal government or the commonwealth. (3) Any grant awarded pursuant to clauses (i) or (iv) of paragraph (1) of subsection (b) for the procurement of services, labor, equipment or supplies pursuant to chapter 30B on publicly owned or leased property to support a sports or entertainment event shall require an applicant to provide complete and accurate responses and disclosures for the applicant and any vendors to be utilized for the sports or entertainment event which shall include: (i) certification that the applicant and each of its vendors are in compliance with chapter 30B; (ii) disclosures in which the applicant shall specify whether it and each of its vendors on the project has established or participates in workforce development programs within the commonwealth and the number of residents of the commonwealth the workforce development programs have trained to completion for each of the last 5 years; and (iii) a statement of intent concerning the extent to which the applicant and its vendors intend to utilize workers in the commonwealth to fulfill services and labor requirements. (4)(A) All applicants shall timely provide the documentation, certifications and disclosures pursuant to paragraphs (1), (2) and (3) as part of their initial application. Failure to provide the documentation, certifications and disclosures shall disqualify the applicant from receiving grant funding. (B) A successful applicant's good faith failure to provide complete and accurate documentation, certifications and disclosures pursuant to paragraphs (1), (2) and (3) shall result in suspension from the project for a period of 30 days; provided, however, that during said 30 days the office of travel and tourism shall provide an opportunity for the applicant to address application deficiencies to the satisfaction of the office of travel and tourism. (B) A successful applicant's good faith failure to provide complete and accurate documentation, certifications and disclosures pursuant to paragraphs (1), (2) and (3) shall result in suspension from the project for a period of 30 days; provided, however, that during said 30 days the office of travel and tourism shall provide an opportunity for the applicant to address application deficiencies to the satisfaction of the office of travel and tourism. (C) Failure to cure deficiencies shall result in termination. (D) A successful applicant's willful failure to provide accurate documentation, certification and disclosures pursuant to paragraphs (1), (2) and (3) shall result in permanent termination of grant funding and shall trigger the return of all funds awarded within 30 days. (5) The attorney general shall enforce this subsection for any project awarded a grant pursuant to this section. (d) Annually, not later than January 1, the office of travel and tourism shall submit a report to the house and senate committees on ways and means and the joint committee on tourism, arts and cultural development providing: (i) the number of grant awards; (ii) the geographic location of the grant award; (iii) the dollar amount of the grant awards; (iv) data pertaining to return-on-investment; and (v) information and analysis pertaining to the impacts on the economy in the region receiving the grant award and the commonwealth overall.

[ Text of section added by 2025, 73, Sec. 11 effective November 25, 2025.]

Section 13W. (a) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Sports and Entertainment Events Fund, which shall be administered by the office of travel and tourism established in section 13F. The fund shall be credited with: (i) revenue from appropriations and other money authorized by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iii) interest earned on money in the fund. The unexpended balance in the fund at the end of a fiscal year shall not revert to the General Fund and shall remain available for expenditure in subsequent fiscal years.

(b)(1) Amounts credited to the fund shall be expended, without further appropriation, for a competitive matching grant program administered by the office of travel and tourism for major sports or entertainment events to provide: (i) event services; (ii) sports development; (iii) sports marketing; or (iv) construction, functioning or operation of a sports or entertainment event; provided, however, that in evaluating grant applications, priority shall be given to applicants based upon expected return-on-investment and that clearly identify direct and indirect economic impacts on the tourism industry in the commonwealth and help promote the commonwealth in national and international media; and provided further, that no grant award shall provide more than half of the balance of the fund to any 1 recipient in any calendar year; and provided further, that the office of travel and tourism shall require a match of not less than one-to-one for any grants issued from the fund.

(2) Grants under this section shall be awarded in a manner that promotes geographic equity.

(c)(1) Any grant awarded pursuant to clause (i) or (iv) of paragraph (1) of subsection (b) shall require an applicant to provide complete and accurate responses and disclosures for itself and for any contractors or vendors to be utilized for the sports or entertainment event which shall include:

(i) certification that the applicant and any contractors or vendors it utilizes have complied with chapters 149, 151, 151A, 151B and 152 and 29 U.S.C. 201, et seq. and federal anti-discrimination laws for the last 3 calendar years;

(ii) certification that the applicant and any contractors or vendors it utilizes are currently, and shall remain, in compliance with chapters 149, 151, 151A, 151B and 152 and 29 U.S.C. 201, et seq. and federal anti-discrimination laws for the duration of the services or labor;

(iii) a disclosure by the applicant as to whether it and any contractors and vendors it utilizes to support sports or entertainment events have previously contracted with a labor organization, as defined by chapter 150A and section 2 of the National Labor Relations Act, in the commonwealth or elsewhere; and

(iv) a disclosure by the applicant of its plans for assuring labor harmony for the duration of work to support sports or entertainment events both separately and in conjunction with its contractors and vendors.

(2) Any grant awarded pursuant to clause (i) or (iv) of paragraph (1) of subsection (b) for any construction on publicly owned or leased property to support a sports or entertainment event shall require an applicant to provide complete and accurate responses and disclosures for itself and any contractors or sub-contractors to be utilized for the sports or entertainment event which shall include:

(i) certification that the applicant and any contractors and sub-contractors are in compliance with the commonwealth's public procurement and bidding statutes, pursuant to chapters 30, 149 and 149A;

(ii) disclosures in which the applicant shall specify whether it and any contractors and subcontractors on the project participates in a state or federally certified apprenticeship program and the number of apprentices the apprenticeship program has trained to completion for each of the last 5 calendar years;

(iii) a requirement that the applicant provide a statement of intent concerning the extent to which the applicant and any contractors and sub-contractors on the project intend to utilize apprentices on the project if a grant is awarded; and

(iv) certification that the applicant and any contractors or sub-contractors have not been debarred by the federal government or the commonwealth.

(3) Any grant awarded pursuant to clauses (i) or (iv) of paragraph (1) of subsection (b) for the procurement of services, labor, equipment or supplies pursuant to chapter 30B on publicly owned or leased property to support a sports or entertainment event shall require an applicant to provide complete and accurate responses and disclosures for the applicant and any vendors to be utilized for the sports or entertainment event which shall include:

(i) certification that the applicant and each of its vendors are in compliance with chapter 30B;

(ii) disclosures in which the applicant shall specify whether it and each of its vendors on the project has established or participates in workforce development programs within the commonwealth and the number of residents of the commonwealth the workforce development programs have trained to completion for each of the last 5 years; and

(iii) a statement of intent concerning the extent to which the applicant and its vendors intend to utilize workers in the commonwealth to fulfill services and labor requirements.

(4)(A) All applicants shall timely provide the documentation, certifications and disclosures pursuant to paragraphs (1), (2) and (3) as part of their initial application. Failure to provide the documentation, certifications and disclosures shall disqualify the applicant from receiving grant funding.

(B) A successful applicant's good faith failure to provide complete and accurate documentation, certifications and disclosures pursuant to paragraphs (1), (2) and (3) shall result in suspension from the project for a period of 30 days; provided, however, that during said 30 days the office of travel and tourism shall provide an opportunity for the applicant to address application deficiencies to the satisfaction of the office of travel and tourism.

(B) A successful applicant's good faith failure to provide complete and accurate documentation, certifications and disclosures pursuant to paragraphs (1), (2) and (3) shall result in suspension from the project for a period of 30 days; provided, however, that during said 30 days the office of travel and tourism shall provide an opportunity for the applicant to address application deficiencies to the satisfaction of the office of travel and tourism.

(C) Failure to cure deficiencies shall result in termination.

(D) A successful applicant's willful failure to provide accurate documentation, certification and disclosures pursuant to paragraphs (1), (2) and (3) shall result in permanent termination of grant funding and shall trigger the return of all funds awarded within 30 days.

(5) The attorney general shall enforce this subsection for any project awarded a grant pursuant to this section.

(d) Annually, not later than January 1, the office of travel and tourism shall submit a report to the house and senate committees on ways and means and the joint committee on tourism, arts and cultural development providing: (i) the number of grant awards; (ii) the geographic location of the grant award; (iii) the dollar amount of the grant awards; (iv) data pertaining to return-on-investment; and (v) information and analysis pertaining to the impacts on the economy in the region receiving the grant award and the commonwealth overall.