Senate Introduced Bill 1336























SENATE BILL NO. 1336


   September 24, 1998, Introduced by Senator BULLARD and referred to
        the Committee on Finance.



        A bill to amend 1905 PA 282, entitled

   "An act to provide for the assessment of the property, by whomso-
   ever owned, operated or conducted, of railroad companies, union
   station and depot companies, telegraph companies, telephone com-
   panies, sleeping car companies, express companies, car loaning
   companies, stock car companies, refrigerator car companies, and
   fast freight companies, and all other companies owning, leasing,
   running or operating any freight, stock, refrigerator, or any
   other cars, not being exclusively the property of any railroad
   company paying taxes upon its rolling stock under the provisions
   of this act, over or upon the line or lines of any railroad or
   railroads in this state, and for the levy of taxes thereon by a
   state board of assessors, and for the collection of such taxes,
   and to repeal all acts or parts of acts contravening any of the
   provisions of this act,"

   by amending section 5 (MCL 207.5).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 5.  (1)  The term property, as  AS used
             in this act,

 2     shall be deemed to include  "PROPERTY" MEANS all
             TANGIBLE prop-

 3    erty, real or personal, belonging to the persons, corporations,

 4    companies, copartnerships and associations subject to taxation



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 1    under this act, including  the right of way 
             RIGHTS-OF-WAY, road

 2     bed  BEDS, stations, cars, rolling stock, tracks,
             wagons,

 3    horses, office furniture, telegraph and telephone poles, wires,

 4    conduits, switchboards,  and  all other TANGIBLE
             property used in

 5    carrying on their business and owned by them respectively, and

 6    all other TANGIBLE real and personal property.  , and all
             fran-

 7     chises, said franchises not to be directly assessed, but to
                       be

 8     taken into consideration in determining the value of the
                       other

 9     property:  Provided, however, That this definition shall
                       

10    PROPERTY DOES not include, apply to, or subject to taxation 
             ,

11     such  real  estate as is  PROPERTY
                       owned and  can be  CAPABLE OF

12    BEING conveyed by  such  THE persons, corporations,
             companies,

13    copartnerships, and associations  under the laws of this
             state

14     which  SUBJECT TO TAXATION UNDER THIS ACT THAT is
                       not actually

15    occupied in the exercise of their franchises, or in use in the

16     proper  operation and conduct of their business.
              ; but such

17     real estate so excepted shall be liable  PROPERTY
                       DOES NOT

18    INCLUDE TANGIBLE PROPERTY, REAL OR PERSONAL, INCLUDING VALUE

19    ATTRIBUTABLE TO MONEY, CREDITS, BONDS, STOCKS, REPRESENTATIVE

20    PROPERTY, FRANCHISES, GOODWILL, COPYRIGHTS, PATENTS, CUSTOMER

21    LISTS, CONTRACT RIGHTS, FINANCING AGREEMENTS, LICENSES, COVENANTS

22    NOT TO COMPETE, INTELLECTUAL PROPERTY, TRADEMARKS, TRADE NAMES,

23    OR OTHER INTANGIBLE PROPERTY.

24         (2) REAL PROPERTY EXEMPT FROM THE TAX LEVIED UNDER THIS ACT

25    UNDER SUBSECTION (1) IS SUBJECT to taxation in the same manner,

26     and  for the same purposes,  and 
             to the same extent, and

27    subject to the same conditions and limitations as  to the



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                                   3

 1    collection and return of taxes thereon as is  other
             real  estate 

 2    PROPERTY in the  several  townships or
             municipalities in which

 3     the same may be situated  THAT PROPERTY IS
             LOCATED.  The term 

 4         (3) AS USED IN THIS ACT, THE TERMS "company", "corporation",

 5    "copartnership", "association",  or  AND "person"
              , wherever

 6     used in this act, shall  apply to and SHALL be
                       construed as

 7    referring  respectively  to  any 
             THE FOLLOWING:

 8         (A) A railroad company, union station and depot company,

 9    telegraph company, telephone company, sleeping car company,

10    express company, car loaning company, stock car company, refrig-

11    erator or fast freight line company,  and  OR any
             other companies

12    owning, leasing, running, or operating any freight CARS, stock

13    CARS, refrigerator CARS, or any other cars, not  being

14     exclusively  the EXCLUSIVE property of  any
                        A railroad company

15    paying taxes upon its rolling stock under  the provisions of
             

16    this act, over or upon the line or lines of any railroad or rail-

17    roads in this state.  ; and to any 

18         (B) A firm, joint stock association, copartnership, corpora-

19    tion, or other association or person  ,  engaged in
             carrying on

20    any business, the TANGIBLE property of which is subject to taxa-

21    tion under this act.  The term 

22         (4) AS USED IN THIS ACT, "property having a situs in this

23    state",  " shall include  INCLUDES all the TANGIBLE
             property,

24    real and personal, of the persons, corporations, companies,

25    copartnerships, and associations  enumerated in 
             SUBJECT TO TAXA-

26    TION UNDER this act, owned, used, and occupied by them within

27     the limits of  this state, and also  such
              THE proportion of



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 1    their rolling stock, cars, and other TANGIBLE property  as
             is 

 2    used partly within and partly  without  OUTSIDE OF
             this state  , 

 3    as  herein  provided  to be determined
              IN THIS ACT.

 4         Enacting section 1.  This amendatory act applies to tax

 5    years beginning after December 31, 1999 under this act.














































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