2016 -- H 8092

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LC005277

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - RAILROAD PRESERVATION

     Introduced By: Representatives Tobon, Barros, Melo, Marshall, and Craven

     Date Introduced: April 15, 2016

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-6.1-10.1 of the General Laws in Chapter 39-6.1 entitled

"Railroad Preservation" is hereby amended to read as follows:

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

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

("MBTA"), a body politic and corporate and a political subdivision of the Commonwealth of

Massachusetts, and all its real and personal property shall be exempt from taxation and from

betterments and special assessments; and the 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 the 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.

     (b) No payments shall be made to MBTA or its operating subcontractor so long as either

shall be in default under the terms of that contract entitled "South County Operating Agreement

by and between the Massachusetts Bay Transportation Authority and the state of Rhode Island

and Providence Plantations" dated as of September 30, 2010.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - RAILROAD PRESERVATION

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     This act would suspend any payments due to MBTA or its operating subcontractor Kiolus

for so long as either is in default on the operating agreement.

     This act would take effect upon passage.

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