[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1540 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1540

 To amend title 49, United States Code, relating to tax discrimination 
                 against rail transportation property.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 13, 1993

Mr. Dorgan (for himself and Mr. Conrad) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, relating to tax discrimination 
                 against rail transportation property.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Property Tax Fairness Act of 1993''.

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

    (a) Definition.--Section 11503 of title 49, United States Code, is 
amended by adding at the end of the following:
            ``(5) `true market value' as applied to rail transportation 
        property means the actual fair market value of rail 
        transportation property as has been determined by the assessing 
        officials of a State, a subdivision of a State, or an authority 
        acting for a State or subdivision of a State, as such 
        determination may have been modified upon State court review 
        thereof, if any, before application of any assessment 
        percentage or ratio.''.
    (b) Repeal.--Section 11503(b)(4) of title 49, United States Code, 
is repealed.
    (c) Amendment.--Section 11503(c) of title 49, United States Code, 
is amended to read as follows:
    ``(c) Exclusive original jurisdiction to determine the existence of 
any violation of subsection (b) will rest with the administrative and 
judicial agencies of the States which have been established under State 
law to hear protests or claims for refunds. In any proceeding brought 
to prevent a violation of subsection (b), State law governs the burden 
of proof in determining assessed value and true market value. If the 
ratio of the assessed value of other commercial and industrial property 
in the assessment jurisdiction to the true market value of all other 
commercial and industrial property cannot be determined through the 
random sampling method known as a sales assessment ratio study (to be 
carried out under statistical principles applicable to such a study) to 
the satisfaction of any court determining whether there is a violation 
of subsection (b) of this section, the following shall be found to 
constitute a violation of this section:
            ``(1) An assessment of the rail transportation property at 
        a value that has a higher ratio to the true market value of the 
        rail transportation property than the assessed value of all 
        other property subject to a property tax levy in the assessment 
        jurisdiction has to the true market value of all other 
        commercial and industrial property.
            ``(2) The collection of an ad valorem property tax on the 
        rail transportation property at a tax rate that exceeds the tax 
        ratio rate applicable to taxable property in the taxing 
        district.''.

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