Tennessee § 65-3-201 - General provisions.

§ 65-3-201. General provisions.

Every railroad which is doing business in this state and subject to the control and jurisdiction of the department of transportation and to which this chapter applies, shall pay to the state on or before July 1 of each year, a fee for the inspection, control and supervision of the business, service and rates of such railroads. The fee prescribed by this section shall be paid by railroads in addition to any and all property, franchise, license and other taxes, fees and charges fixed, assessed or charged by law against the railroads. The amount of the fee prescribed by this section shall be assessed against the actual ton miles operated annually by each railroad in this state, but no fee shall be assessed against any ton miles operated in excess of the maximum assessable ton miles for each railroad. The maximum assessable ton miles shall be the total ton miles reported to the former public service commission by each railroad in calendar year 1990, plus four percent (4%) of that base amount for each calendar year thereafter. The fee fixed and assessed against these ton miles to be paid by each railroad is four cents (4¢) per one thousand (1,000) ton miles. This fee is effective on payments made to the former public service commission on or before July 1, 1995, based upon ton miles for the calendar year 1995, and in each year thereafter. In no case shall the fee to be paid be less than one hundred dollars ($100) which will be the minimum inspection, control and supervision fee to be paid by any railroad subject to such fee. Acts 1970, ch. 599, § 1(1-4); T.C.A., § 65-332; Acts 1986, ch. 862, § 4; 1988, ch. 582, § 1; 1991, ch. 271, § 1; 1995, ch. 305, § 10; 1995, ch. 536, § 1; 1998, ch. 646, § 1. Compiler's Notes. The former public service commission, referred to in (c), was abolished by Acts 1995, ch. 305. Authority under this chapter was transferred from the commission to the department of transportation, effective July 1, 1995. Cross-References. Petitions to be in writing, filing fee, § 65-2-103 . Powers and construction of railroads, title 65, ch. 6. Prohibition of gas storage tanks within two hundred feet of a railroad, § 68-101-105 .