SENATE DOCKET, NO. 829 FILED ON: 2/8/2021
SENATE . . . . . . . . . . . . . . No. 274
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The Commonwealth of Massachusetts
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PRESENTED BY:
Jason M. Lewis, (BY REQUEST)
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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 for Community Institution Stabilization.
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PETITION OF:
Name: | District/Address: |
Vincent Lawrence Dixon | 60 Lake Street – Unit N Winchester, Mass. 01890 |
SENATE DOCKET, NO. 829 FILED ON: 2/8/2021
SENATE . . . . . . . . . . . . . . No. 274
By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 274) of Vincent Lawrence Dixon for legislation relative to Community Institution Stabilization. Economic Development and Emerging Technologies. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 217 OF 2019-2020.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Second General Court
(2021-2022)
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An Act for Community Institution Stabilization.
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. The Massachusetts General Laws are hereby amended by inserting the
following new chapter:
An Act for Community Institution Stabilization.
1.) When an organization, generally viewed as a Community Institution, resolves, and/or
decides to dissolve, and/or to dispose of substantial property, one or more individuals, being in
good standing, as members, and/or affiliates of such organization, and Community Institution,
shall be permitted to have the Right of First Refusal (RFR) , regarding the disposition, transition
of, and/or alternative programming uses, of certain properties, that are properly viewed as
Community Institution Landmarks (CIL).
2.) It is in the public interest to provide, and establish, certain opportunities for stabilizing
community institutions, and their memberships.
3.) An important aspect of the unique communities, and vitality of our Commonwealth of
Massachusetts, is the presence of particular buildings, churches, and other institutions, with
architectural, programmatic, and archival record resources.
4.) As a society changes, various organizations, and structures intersect with many
different trends, events, and other circumstances. It is in the public interest, to keep certain
physical, often iconic structures, and they often are protected by various historical designations,
and/or other opportunities.
5.) Just as certainly, the usages of certain of these structures, provide certain value, and
values, to local communities, and it is in the public interest, to allow reasonable change, while
encouraging certain aspects of stability. When many changes occur, they are often good ones;
but changes often can lead to unfortunate disruptions, and sometimes even social harm.
6.) This statute, is formed, to encourage, certain aspects of transitional bridging, in
communities, in ways that strengthen them, even in the midst of significant changes.
7.) Such Community Institution, and/or organization, chartered under the Laws of
Massachusetts, and/or in well-recognized operation for at least ten (10) years, shall, when such
Right of First Refusal (RFR) , is requested; obtain, and/or assist the obtaining of, a reasonable
assessed valuation, determining the value of the property, and/or properties, and also the
economic value of particular continuing programming.
8a.) A Community Institution, for the purposes of this statute, is, and may be defined, as
a building, such as a school, library, church, or structure which is iconic to many in the
community, and has held significant community services, whether educational, cultural, or
religious.
8b.) A declaration that a particular structure, and/or organizational programs, constitute a
Community Institution, may be made by a municipal body, such as a Board of Selectmen, City
Council, Board of Alderman, Town Meeting, Planning Board, or other relevant body; but need
not be obtained, if individuals, in good standing, from the Community Institution, have filed a
Community Institution Membership Right of First Refusal (RFR), with the local municipal
authorities, and the Community Institution.
9.) When such circumstances occur, individuals seeking Right of First Refusal (RFR), may
request the appointment of a neutral, non-interested individual, as a Special Community Trustee
(SCT), to determine, and facilitate the circumstances, continuing the use of the structure, and/or
its alternative potential uses. That Trustee shall have reasonable powers, to provide public
hearings, private, and transparent negotiations, and other reasonable roles, to permit the
evolution of the programs, and properties, going forward, in a community stabilizing manner.
10.) The Special Community Trustee (SCT) shall, in their considerations, and decisions,
prefer reasonable offers, from the Community Institution membership, and/or properly identified
members thereof, as long as the funding, financing, and economic viability of any such offer, is
verified, and certified. Such decisions, shall be publicly announced, and a written Decision
Report, shall be provided by the Special Community Trustee (SCT).