Chapter 386

2003 -- S 0501 AS AMENDED

Enacted 07/31/03

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - RAILROAD PRESERVATION

Introduced By: Senators DaPonte, Connors, Lanzi, Alves, and McCaffrey

Date Introduced: February 13, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. In furtherance of the purposes of section 39-6.1-10 and in order to increase

cooperation between this state and the Commonwealth of Massachusetts in connection with the

operation of rail properties within this state, the general assembly finds that it is appropriate to

exempt from taxation all real and personal property of the Massachusetts Bay Transportation

Authority located within this state.

     SECTION 2. Chapter 39-6.1 of the General Laws entitled "Railroad Preservation" is

hereby amended by adding thereto the following section:

39-6.1-10.1. Massachusetts Bay Transportation Authority. – Notwithstanding any

general or special law to the contrary, the Massachusetts Bay Transportation Authority, a body

politic and corporate and a political subdivision of the Commonwealth of Massachusetts

(“MBTA”) and all its real and personal property shall be exempt from taxation and from

betterments and special assessments; and MBTA shall not be required to pay any tax, excise or

assessment to or for this state or any of its political subdivisions; nor shall the MBTA be required

to pay any fee or charge for any permit or license, nor any compliance fee, issued to it by this

state, by any department, board or officer thereof, or by any political subdivision of this state; and

the MBTA shall be exempt from tolls for the use of highways, bridges and tunnels. Bonds and

notes issued by MBTA in support of purchases and/or improvements for maintaining and/or

improving commuter rail service to and/or within the state of Rhode Island, their transfer and the

income therefrom, including any profit made on the sale thereof, shall at all times be free from

taxation with this state.

     SECTION 3. This act shall take effect upon passage and shall retroactively apply to dates

of property assessments occurring on or after December 31, 2002.

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LC02109

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