Amendment AA31-ASA1-AB557

LRBa2293/1

JS&PEN:skg&kmg:ks

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 31, To ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 557

October 5, 1995 - Offered by Representative Dobyns.

AB557-ASA1-AA31,1,1 At the locations indicated, amend the substitute amendment as follows:

AB557-ASA1-AA31,1,3 1. Page 3, line 4: after the semicolon insert: "exempting rolling stock from the utility tax on railroads; motor vehicle title fees;".

AB557-ASA1-AA31,1,4 2. Page 22, line 5: after that line insert:

AB557-ASA1-AA31,1,5 " Section 40x. 76.02 (10) of the statutes is amended to read:

AB557-ASA1-AA31,2,2 76.02 (10) The property taxable under s. 76.13 shall include all franchises, and all real and personal property of the company used or employed in the operation of its business, except such motor vehicles as are exempt under s. 70.112 (5) and treatment plant and pollution abatement equipment exempt under s. 70.11 (21) (a) and, in the case of railroad companies, rolling stock. The taxable property shall include all title and interest of the company referred to in such property as owner, lessee or otherwise, and in case any portion of the property is jointly used by 2 or more companies, the unit assessment shall include and cover a proportionate share of that portion of the property jointly used so that the assessments of the property of all companies having any rights, title or interest of any kind or nature whatsoever in any such property jointly used shall, in the aggregate, include only one total full value of such property.

AB557-ASA1-AA31, s. 40xd Section 40xd. 76.03 (1) of the statutes is amended to read:

AB557-ASA1-AA31,2,8 76.03 (1) The property, both real and personal, including all rights, franchises and privileges used in and necessary to the prosecution of the business of any company enumerated in s. 76.02, but excluding property that is exempt under s. 76.02 (10), shall be deemed personal property for the purposes of taxation, and shall be valued and assessed together as a unit.

AB557-ASA1-AA31, s. 40xg Section 40xg. 76.07 (1) of the statutes is amended to read:

AB557-ASA1-AA31,2,16 76.07 (1) Duty of department. The department on or before August 1 in each year in the case of railroad companies and sleeping car companies, and on or before September 15 in the case of air carrier companies, telephone companies, conservation and regulation companies and pipeline companies, shall, according to its best knowledge and judgment, ascertain and determine the full market value of the property, except the rolling stock of railroad companies, of each company within the state.

AB557-ASA1-AA31, s. 40xi Section 40xi. 76.07 (2) of the statutes is amended to read:

AB557-ASA1-AA31,3,12 76.07 (2) Relation to state valuation; description. The value of the property of each of said companies for assessment shall be made on the same basis and for the same period of time, as near as may be, as the value of the general property of the state is ascertained and determined. The department shall prepare an assessment roll and place thereon after the name of each of said companies assessed, the following general description of the property of such company, to wit: "Real estate, right-of-way, tracks, stations, terminals, appurtenances, rolling stock, equipment, franchises and all other real estate and personal property of said company," in the case of railroads, and "Real estate, right-of-way, poles, wires, conduits, cables, devices, appliances, instruments, franchises and all other real and personal property of said company," in the case of conservation and regulation companies, and "Real estate, appurtenances, rolling stock, equipment, franchises, and all other real estate and personal property of said company," in the case of sleeping car and air carrier companies, and "Land and land rights, structures, improvements, mains, pumping and regulation equipment, services, appliances, instruments, franchises and all other real and personal property of said company," in the case of pipeline companies, and "All property of the company used in the operation of the company's telephone business" in the case of telephone companies, which description shall be deemed and held to include the entire property and franchises of the company specified and all title and interest therein.

AB557-ASA1-AA31, s. 40xo Section 40xo. 76.07 (4g) (a) 16. of the statutes is amended to read:

AB557-ASA1-AA31,3,15 76.07 (4g) (a) 16. Multiply the fraction under subd. 15. by the full market value of the company's property, except rolling stock, everywhere.".

AB557-ASA1-AA31,3,16 3. Page 56, line 18: after that line insert:

AB557-ASA1-AA31,3,17 " Section 140g. 342.14 (1) of the statutes is amended to read:

AB557-ASA1-AA31,3,19 342.14 (1) For filing an application for the first certificate of title, $5 $7.50, by the owner of the vehicle.

AB557-ASA1-AA31, s. 140m Section 140m. 342.14 (3) of the statutes is amended to read:

AB557-ASA1-AA31,3,22 342.14 (3) For a certificate of title after a transfer, $5 $7.50, by the owner of the vehicle.".

AB557-ASA1-AA31,3,23 4. Page 88, line 2: after that line insert:

AB557-ASA1-AA31,4,3 "(3g) Railroad rolling stock. The treatment of sections 76.02 (10), 76.03 (1) and 76.07 (1), (2) and (4g) (a) 16. of the statutes first applies to taxes due on the May 10 after publication.".

AB557-ASA1-AA31,4,4 5. Page 89, line 15: after that line insert:

AB557-ASA1-AA31,4,6 "(5j) Vehicle title fees. The treatment of section 342.14 (1) and (3) of the statutes takes effect on July 1, 1995.".

AB557-ASA1-AA31,4,7 (End)