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49 USC CHAPTER 115 - FEDERAL-STATE RELATIONS 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 115 - FEDERAL-STATE RELATIONS

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CHAPTER 115 - FEDERAL-STATE RELATIONS

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Sec.

11501. Tax discrimination against rail transportation

property.

11502. Withholding State and local income tax by rail

carriers.

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49 USC Sec. 11501 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 115 - FEDERAL-STATE RELATIONS

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Sec. 11501. Tax discrimination against rail transportation property

-STATUTE-

(a) In this section -

(1) the term "assessment" means valuation for a property tax

levied by a taxing district;

(2) the term "assessment jurisdiction" means a geographical

area in a State used in determining the assessed value of

property for ad valorem taxation;

(3) the term "rail transportation property" means property, as

defined by the Board, owned or used by a rail carrier providing

transportation subject to the jurisdiction of the Board under

this part; and

(4) the term "commercial and industrial property" means

property, other than transportation property and land used

primarily for agricultural purposes or timber growing, devoted to

a commercial or industrial use and subject to a property tax

levy.

(b) The following acts unreasonably burden and discriminate

against interstate commerce, and a State, subdivision of a State,

or authority acting for a State or subdivision of a State may not

do any of them:

(1) Assess rail transportation property at a value that has a

higher ratio to the true market value of the rail transportation

property than the ratio that the assessed value of other

commercial and industrial property in the same assessment

jurisdiction has to the true market value of the other commercial

and industrial property.

(2) Levy or collect a tax on an assessment that may not be made

under paragraph (1) of this subsection.

(3) Levy or collect an ad valorem property tax on rail

transportation property at a tax rate that exceeds the tax rate

applicable to commercial and industrial property in the same

assessment jurisdiction.

(4) Impose another tax that discriminates against a rail

carrier providing transportation subject to the jurisdiction of

the Board under this part.

(c) Notwithstanding section 1341 of title 28 and without regard

to the amount in controversy or citizenship of the parties, a

district court of the United States has jurisdiction, concurrent

with other jurisdiction of courts of the United States and the

States, to prevent a violation of subsection (b) of this section.

Relief may be granted under this subsection only if the ratio of

assessed value to true market value of rail transportation property

exceeds by at least 5 percent the ratio of assessed value to true

market value of other commercial and industrial property in the

same assessment jurisdiction. The burden of proof in determining

assessed value and true market value is governed by State law. 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

to the satisfaction of the district court through the

random-sampling method known as a sales assessment ratio study (to

be carried out under statistical principles applicable to such a

study), the court shall find, as 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; and

(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.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 843.)

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PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11503 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 11501, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1444; Pub. L. 96-448, title II, Sec. 214(a)-(c)(1), Oct. 14, 1980,

94 Stat. 1913, 1915; Pub. L. 97-261, Sec. 17(a), Sept. 20, 1982, 96

Stat. 1117; Pub. L. 99-521, Sec. 11(a), Oct. 22, 1986, 100 Stat.

2997; Pub. L. 103-272, Sec. 4(j)(34), July 5, 1994, 108 Stat. 1370;

Pub. L. 103-305, title VI, Sec. 601(c), Aug. 23, 1994, 108 Stat.

1606; Pub. L. 103-311, title II, Sec. 211(b)(2), Aug. 26, 1994, 108

Stat. 1689, related to Interstate Commerce Commission authority

over intrastate transportation, prior to the general amendment of

this subtitle by Pub. L. 104-88, Sec. 102(a). See section 14501 of

this title.

EFFECTIVE DATE

Chapter effective Jan. 1, 1996, except as otherwise provided in

Pub. L. 104-88, see section 2 of Pub. L. 104-88, set out as a note

under section 701 of this title.

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49 USC Sec. 11502 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 115 - FEDERAL-STATE RELATIONS

-HEAD-

Sec. 11502. Withholding State and local income tax by rail carriers

-STATUTE-

(a) No part of the compensation paid by a rail carrier providing

transportation subject to the jurisdiction of the Board under this

part to an employee who performs regularly assigned duties as such

an employee on a railroad in more than one State shall be subject

to the income tax laws of any State or subdivision of that State,

other than the State or subdivision thereof of the employee's

residence.

(b) A rail carrier withholding pay from an employee under

subsection (a) of this section shall file income tax information

returns and other reports only with the State and subdivision of

residence of the employee.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 844.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 11504 of this title prior to the general amendment of this

subtitle by Pub. L. 104-88, Sec. 102(a).

Prior sections 11502 to 11507 were omitted in the general

amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).

Section 11502, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1445,

related to conferences and joint hearings with State authorities.

Section 11503, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1445,

related to tax discrimination against rail transportation property.

See section 11501 of this title.

Section 11503a, added Pub. L. 96-296, Sec. 31(a)(1), July 1,

1980, 94 Stat. 823; amended Pub. L. 97-261, Sec. 20, Sept. 20,

1982, 96 Stat. 1122, related to tax discrimination against motor

carrier transportation property. See section 14502 of this title.

Section 11504, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1446; Pub.

L. 97-261, Sec. 29(d), Sept. 20, 1982, 96 Stat. 1128; Pub. L.

101-322, Sec. 7, July 6, 1990, 104 Stat. 296; Pub. L. 103-272, Sec.

5(m)(33), July 5, 1994, 108 Stat. 1378, related to withholding

State and local income tax by certain carriers. See sections 11502

and 14503 of this title.

Section 11505, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1448; Pub.

L. 99-521, Sec. 11(b), Oct. 22, 1986, 100 Stat. 2998, related to

State action to enjoin rail carriers from certain actions.

Section 11506, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1448; Pub.

L. 102-240, title IV, Sec. 4005, Dec. 18, 1991, 105 Stat. 2146,

related to registration of motor carriers by a State. See section

14504 of this title.

Section 11507, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1449; Pub.

L. 98-473, title II, Sec. 233, Oct. 12, 1984, 98 Stat. 2031,

related to prison-made property governed by State law.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 24301 of this title.

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