SENATE DOCKET, NO. 829        FILED ON: 2/8/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 274

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jason M. Lewis, (BY REQUEST)

_________________

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.

_______________

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

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

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).