Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3402 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3450 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3402
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Alice Hanlon Peisch
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act authorizing the commissioner of capital asset management and maintenance to convey a
13	13	certain parcel of land in the town of Wellesley.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Alice Hanlon Peisch14th Norfolk1/17/2025 1 of 3
17	17	HOUSE DOCKET, NO. 3450 FILED ON: 1/17/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 3402
19	19	By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 3402) of
20	20	Alice Hanlon Peisch that the commissioner of Capital Asset Management and Maintenance be
21	21	authorized to convey a certain parcel of land in the town of Wellesley to Kimberlee A. Dow.
22	22	State Administration and Regulatory Oversight.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act authorizing the commissioner of capital asset management and maintenance to convey a
29	29	certain parcel of land in the town of Wellesley.
30	30	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
31	31	forthwith transfer a certain parcel of land in the town of Wellesley, therefore it is hereby declared
32	32	to be an emergency law, necessary for the immediate preservation of the public convenience.
33	33	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
34	34	of the same, as follows:
35	35	1 SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
36	36	2General Laws or any other general or special law to the contrary, the commissioner of capital
37	37	3asset management and maintenance, in consultation with Massachusetts Bay Community
38	38	4College, may convey to Kimberlee A. Dow, or her successors or assigns, of 23 Oakland circle in
39	39	5the town of Wellesley a certain parcel of land, which is a portion of the land described in a deed
40	40	6recorded with the Norfolk registry of deeds in book 4990, page 254, located in the town of
41	41	7Wellesley which is currently under the care and control of Massachusetts Bay Community
42	42	8College, and is currently used for community college purposes. The parcel contains 3,500 square
43	43	9feet more or less and is identified more or less as “Gravel Driveway” on a draft plan on file with 2 of 3
44	44	10the division of capital asset management and maintenance entitled, “Plan of Land 23 Oakland
45	45	11Circle Wellesley, Norfolk County, Massachusetts”, dated May 7, 2024, prepared by Anderson
46	46	12Surveys, Inc.; provided, however, that the boundaries of the parcel shall be determined by the
47	47	13commissioner of capital asset management and maintenance. The conveyance shall be without
48	48	14representations or warranties and shall be subject to any additional terms and conditions as the
49	49	15commissioner of capital asset management and maintenance may deem necessary.
50	50	16 SECTION 2. An independent appraisal of the fair market value and value in use of the
51	51	17parcel described in section 1 shall be prepared in accordance with the usual and customary
52	52	18professional appraisal practices by a qualified appraiser commissioned by the commissioner of
53	53	19capital asset management and maintenance. The commissioner of capital asset management and
54	54	20maintenance shall submit the appraisal or appraisals to the inspector general for their review and
55	55	21comment. The inspector general shall review and approve the appraisal, and the review shall
56	56	22include an examination of the methodology utilized for the appraisal. The inspector general shall
57	57	23prepare a report of their review and file the report with the commissioner of capital asset
58	58	24management and maintenance for submission by said commissioner to the house and senate
59	59	25committees on ways and means and the joint committee on state administration and regulatory
60	60	26oversight. Said commissioner shall submit copies of the appraisals, and the inspector general’s
61	61	27review and approval and comments, if any, to the house and senate committees on ways and
62	62	28means and the joint committee on state administration and regulatory oversight at least 15 days
63	63	29prior to the execution of documents effecting the transfers described in section 1.
64	64	30 SECTION 3. Consideration for the conveyance shall be the full and fair market value or
65	65	31the value in proposed use, whichever is greater, of the parcel as determined by the commissioner
66	66	32of capital asset management and maintenance pursuant to 1 or more independent professional 3 of 3
67	67	33appraisals. The proceeds realized from the disposition authorized in section 1 shall be deposited
68	68	34in the Massachusetts Bay Community College Oakland Circle Scholarship trust.
69	69	35 SECTION 4. Notwithstanding any general or special law to the contrary, Kimberlee A.
70	70	36Dow or her successors or assigns shall be responsible for all costs and expenses of any
71	71	37transaction authorized by this act as determined by the commissioner of capital asset
72	72	38management and maintenance, including, but not limited to, the costs of any engineering,
73	73	39surveys, appraisals, title examinations, recording fees and deed preparation.
74	74	40 SECTION 5. There shall be established and set up on the books of the commonwealth an
75	75	41expendable trust account known as Massachusetts Bay Community College Oakland Circle
76	76	42Scholarship trust which shall be administered by the president of Massachusetts Bay Community
77	77	43College. The trust shall be credited with: (i) the proceeds realized from the disposition authorized
78	78	44in section 1; (ii) any appropriation, grant, gift or other contribution made to the fund; and (iii)
79	79	45any interest earned on money in the fund.
80	80	46 Amounts credited to the trust shall be expended, without further appropriation, for
81	81	47student scholarships. The unexpended balance in the trust at the end of a fiscal year shall remain
82	82	48available for expenditure in subsequent fiscal years. No expenditure made from the trust shall
83	83	49cause the fund to be in deficit at any point.