Massachusetts H 3193: An Act banning the manufacture and sale of edible marijuana

Bill Text

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HOUSE DOCKET, NO. 3381 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3193

The Commonwealth of Massachusetts
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PRESENTED BY:
Thomas W. Moakley
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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 establishing the Martha’s Vineyard housing bank.
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PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Thomas W. Moakley Barnstable, Dukes and Nantucket 1/17/2025

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HOUSE DOCKET, NO. 3381 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3193
By Representative Moakley of Falmouth, a petition (accompanied by bill, House, No. 3193) of
Thomas W. Moakley for legislation to establish the Martha’s Vineyard housing bank. Revenue.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act establishing the Martha’s Vineyard housing bank.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1: For purposes of this act, the words and phrases set forth in this section
2 shall have the following meanings:
3 “Affidavit of transfer fee”, an affidavit signed under the pains and penalties of perjury by
4 the purchaser or settlement agent that attests to (i) the true and complete purchase or sale price of
5 the transfer of the real property interest; (ii) the amount of the transfer fee owed or the basis, if
6 any, upon which the transfer is exempt from the fee imposed by said transfer; (iii) the amount
7 that the purchaser shall pay as required by the bylaw or regulation; and (iv) the obligation of the
8 purchaser or settlement agent to make payment of the transfer fee to the regional year-round
9 housing trust, as applicable.
10 “Attainable housing” and “affordable and attainable housing”, shall have the same
11 meanings as set forth in section 32(a) of chapter 23B of the General Laws.

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12 “Attainable housing restriction”, a recorded instrument held by a qualified holder which
13 encumbers or restricts a real property interest so that the real property which is subject to the real
14 property interest is perpetually or for a term of at least 30 years limited to use as a year-round
15 residence or residential units occupied by a household with income under the level set in
16 accordance with 32(a) of chapter 23B of the General Laws at the time such restriction is created.
17 “Member towns”, towns that are members of a regional year-round housing trust.
18 “Municipal affordable housing trust fund”, a municipal affordable housing trust fund
19 established pursuant to section 55C of chapter 44 of the General Laws, or any other municipal
20 trust fund established pursuant to a law of the commonwealth providing for the creation and
21 preservation of affordable housing in a particular city or town for the benefit of low- and
22 moderate-income households or for the funding of community housing..
23 “Purchaser”, the transferee, grantee, or recipient of any real property interest.
24 “Purchase price” or “sale price”, all consideration paid or transferred by or on behalf of a
25 purchaser to a seller or the seller’s nominee, or for the seller’s benefit, for the transfer of any real
26 property interest, and shall include, but not be limited to: (i) all cash or its equivalent so paid or
27 transferred; (ii) all cash or other property paid or transferred by or on behalf of the purchaser to
28 discharge or reduce any obligation of the seller; (iii) the principal amount of all notes or their
29 equivalent, or other deferred payments, given or promised to be given by or on behalf of the
30 purchaser to the seller or the seller’s nominee; (iv) the outstanding balance of all obligations of
31 the seller which are assumed by the purchaser or to which the real property interest transferred
32 remains subject after the transfer, determined at the time of transfer, but excluding real estate
33 taxes and other municipal liens or assessments which are not overdue at the time of transfer; (v)

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34 the fair market value, at the time of transfer, of any other consideration or thing of value paid or
35 transferred by or on behalf of the purchaser, including, but not limited to, any property, goods or
36 services paid, transferred or rendered in exchange for such real property interest.
37 “Qualified holder”, a governmental body or charitable corporation or trust which
38 qualifies under the terms of sections 31 through 33 of chapter 184 of the General Laws to hold an
39 affordable housing restriction.
40 “Real property interest”, any present or future legal or equitable interest in or to real
41 property, and any beneficial interest therein, including the interest of any beneficiary in a trust
42 which holds any leg