Budget Amendment

MR. SCIORTINO of MEDFORD, MS. L’ITALIEN of ANDOVER, MR. GUYER of DALTON, MR. FALZONE of SAUGUS, MR. LINSKY of NATICK, MR. D’AMICO of SEEKONK, MR. O’DAY of WEST BOYLSTON, MR. SANNICANDRO of ASHLAND, MR. SULLIVAN of FALL RIVER, MR. RICE of GARDNER, MR. PATRICK of FALMOUTH, MR. TURNER of DENNIS, MR. QUINN of DARTMOUTH, MS. PEAKE of PROVINCETOWN, MS. MALIA of BOSTON, MS. RICHARDSON of FRAMINGHAM, MR. KAUFMAN of LEXINGTON, MR. CANESSA of NEW BEDFORD, MR. SPELIOTIS of DANVERS, MR. SMITH of EVERETT, MR. DINATALE of FITCHBURG, MS. GRANT of BEVERLY, MS. CALLAHAN of SUTTON, MS. CLARK of MELROSE, MS. WOLF of CAMBRIDGE, MS. PEISCH of WELLESLEY, MS. STORY of AMHERST, MR. GARBALLEY of ARLINGTON, MS. PROVOST of SOMERVILLE, MR. SCIBAK of SOUTH HADLEY, MS. REINSTEIN of REVERE, MS. WALZ of BOSTON, MR. CABRAL of NEW BEDFORD, MR. VERGA of GLOUCESTER, MR. STANLEY of WALTHAM, MS. ATKINS of CONCORD, MR. SMIZIK of BROOKLINE, MR. FRESOLO of WORCESTER, MR. KOCOT of NORTHAMPTON, MS. GOBI of SPENCER, MR. RUSH of BOSTON, MS. EHRLICH of MARBLEHEAD, MR. SPELLANE of WORCESTER, and MS. KHAN of NEWTON move to amend the bill by adding the following ~~5 sections~~section:-

“SECTION 81. There shall be a special [s1] commission, to consist of 3 members of the senate, 2 to be appointed by the senate president and 1 member to be appointed by the of the house of representatives, 2 to be appointed by the minority leader and 3 members speaker and 1 by the minority leader, is hereby established for the purpose of making an investigation and study relative to the taxation of the personal property of certain telecommunication companies. Said commission shall report to the house of representatives the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerk of the house of representatives on or before the fourth Wednesday in December, 2008.SECTION XX. Section 5 of chapter 59 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word “than”, in line 220, the following words:- “a telephone or telegraph corporation taxed under section 52A of chapter 63 or”.

SECTION XX. Said section 5 of said chapter 59 of the General Laws, as so appearing, is hereby further amended by inserting after the words “two A”, in line 223, the following words:- “, other than a telephone or telegraph corporation,”.

SECTION XX. Said section 5 of said chapter 59 of the General Laws, as so appearing, is hereby further amended by inserting after the word “sixty-three”, in line 239, the following words:- “or a telephone or telegraph corporation taxed under section 52A of chapter 63”.

SECTION XX. Clause Fifth of section 18 of said chapter 59, as so appearing, is hereby amended by adding the following 2 sentences:- “Poles, underground conduits, wires and pipes of telecommunications companies laid in or erected upon public or private ways and property shall be assessed to their owners in the towns or cities where they are laid or erected. For purposes of this clause, telecommunications companies shall include cable television, internet service, telephone service, data service and any other telecommunications service providers.”

SECTION XX. Section 39 of said chapter 59, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 4 sentences:- “The valuation at which the poles, wires and underground conduits, wires and pipes of all telephone and telegraph companies shall be assessed by the assessors of the respective cities and towns where the property is subject to taxation shall be determined annually by the commissioner of revenue subject to appeal to the appellate tax board, as provided in this section. Other taxable personal property of telephone and telegraph companies shall be valued and assessed by the assessors of the respective cities and towns where the property is subject to taxation, in the same manner as other personal property is valued and assessed under this chapter. For purposes of sections 39 to 42, telephone and telegraph companies shall include only those telecommunications companies which own and operate two-way voice communications service over wires or cables and are subject to rate regulation by the department of telecommunications and energy. Towers and monopoles used to support machinery and equipment for wireless communications shall not be considered poles under this section and shall be considered part of the real estate subject to valuation and assessment by local assessors.”