Amendment #346 to H3400

Termination of Courthouse Leases

[Sponsors] Mr. Keenan of Salem moves to amend the bill by inserting the following section:-

SECTION XX.  Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, after consulting with the chief justice for administration and management, may exercise any contractual right to terminate a lease for nonappropriation if, in the determination of the chief justice for administration and management, insufficient funds are available within the court’s appropriation to maintain the lease consistent with maintaining core judicial functions.

Rationale:  This is the language that was passed last year.  It allows for the relocation of courts should there be insufficient funds appropriated to sustain all lease payments.  This flexibility is crucial to address the shortfall in FY11 and to provide a defense to lawsuits filed by the landlords.  The authority to terminate leases for non-appropriation is a clause in all Trial Court leases but this specific outside section would strengthen that authority and render decisions about terminating leases less vulnerable to legal claims.