Fayette County - Subject to local approval, requires the county clerk rather than the county court clerk to collect the county wheel tax and keep the administrative fee associated with the issuance of the motor vehicle l, the official text

HOUSE BILL 1406
                         By Gant

SENATE BILL 1428
      By Walley

                                       AN ACT to amend Chapter 116 of the Private Acts of 2000; and
                                                   any other acts amendatory thereto, relative to Fayette
                                                   County.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
         SECTION 1. Chapter 116 of the Private Acts of 2000, and any other acts amendatory

thereto, is amended by deleting Section 3 and substituting:
                   SECTION 3. Such special wheel or privilege tax shall be collected by the county

         clerk of Fayette County at the same time the clerk collects the state privilege tax for the
         operation of motor driven vehicles. The county clerk of Fayette County shall not issue to
         any resident of the county a state license for the operation of a motor driven vehicle
         unless at the same time such resident shall also purchase the appropriate license as
         herein provided for the operation of the resident's motor driven vehicle under this act.
         The payment of the license fee herein provided shall be evidenced by an emblem,
         sticker, or receipt in the form of a decal to be appropriately displayed by affixing the
         same on the state license plate of such motor driven vehicle. The design of the emblem,
         sticker, or decal shall be determined by the county commission and the expense incident
         thereto shall be paid from the county general funds.

The special wheel or privilege tax shall entitle the owner of a motor driven vehicle to
operate the same concurrent with the state license motor vehicle privileges, and the
same proportionate reduction shall be made as is now made in the case of state
registration of motor driven vehicles when such motor driven vehicles are registered.
The county clerk for the services in issuing such licenses, shall be entitled to a fee of
one dollar ($1.00) for each license so issued, to be collected from the person purchasing
the same, and the clerk's fee shall be in addition to the tax hereinabove provided for.

                                                                     SB1428
                                                                     003005

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         Provided further, any motor driven vehicle upon which a current license fee has been
         paid, should such motor driven vehicle be sold, traded, demolished, destroyed, or
         otherwise change ownership, the current license holder may obtain from the county clerk
         a current replacement emblem, sticker, or decal, upon the payment of a fee of one dollar
         ($1.00) and the county clerk shall be entitled to such fee for the issuance of the
         replacement license.

         The county clerk shall report all funds collected monthly and pay the same over to the
         trustee of Fayette County and such funds shall be applied as follows. Such special
         wheel or privilege tax, when collected in the hands of the county trustee, shall be
         allocated in the following manner:

                   One hundred percent (100%) of the amount so collected, excluding clerk's fees,
                   shall be initially placed in the county general fund and may be used for any
                   authorized general fund use or may be transferred to the county capital projects
                   fund and used to pay capital costs for school construction and other county
                   facilities or transferred to the county debt service fund and used to pay principal
                   and interest on debt issues for school construction and other county facilities, all
                   as determined each year during the county's annual budget process.
         SECTION 2. This act shall have no effect unless it is approved by a two-thirds (2/3) vote
of the legislative body of Fayette County. Its approval or nonapproval shall be proclaimed by
the presiding officer of the legislative body and certified to the secretary of state.
         SECTION 3. For the purpose of approving or rejecting the provisions of this act, it shall
be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall
become effective as provided in Section 2.

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