4 | 4 | | |
---|
5 | 5 | | HOUSE BILL 864 |
---|
6 | 6 | | By Hicks T |
---|
7 | 7 | | |
---|
8 | 8 | | |
---|
9 | 9 | | HB0864 |
---|
10 | 10 | | 000872 |
---|
11 | 11 | | - 1 - |
---|
12 | 12 | | |
---|
13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 55, |
---|
14 | 14 | | Chapter 12 and Title 55, Chapter 4, relative to |
---|
15 | 15 | | motor vehicle financial responsibility. |
---|
16 | 16 | | |
---|
17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
---|
18 | 18 | | SECTION 1. Tennessee Code Annotated, Title 55, Chapter 4, Part 1, is amended by |
---|
19 | 19 | | adding the following as a new section: |
---|
20 | 20 | | 55-4-144. |
---|
21 | 21 | | (a) The general assembly finds that the Financial Responsibility Law of 1977, |
---|
22 | 22 | | compiled in chapter 12, part 1 of this title, is of utmost importance to the safety of the |
---|
23 | 23 | | citizens of this state. |
---|
24 | 24 | | (b) The commissioner or a county clerk shall not register or renew the |
---|
25 | 25 | | registration of a motor vehicle, unless the vehicle and its owner have met the |
---|
26 | 26 | | requirements of this section and the Financial Responsibility Law of 1977 for the |
---|
27 | 27 | | registration or renewal period. Every registration or renewal of registration must be |
---|
28 | 28 | | accompanied by the following notice: |
---|
29 | 29 | | THE OWNER AND/OR OPERATOR OF THIS VEHICLE ARE REQUIRED TO |
---|
30 | 30 | | MEET THE REQUIREMENTS OF THE TENNESSEE FINANCIAL |
---|
31 | 31 | | RESPONSIBILITY LAW PURSUANT TO TENNESSEE CODE ANNOTATED, § |
---|
32 | 32 | | 55-4-144. |
---|
33 | 33 | | (c) For applications for registration or renewal submitted in person, submission |
---|
34 | 34 | | of the following items constitutes satisfactory proof that a vehicle and its owner have met |
---|
35 | 35 | | the requirements of the Financial Responsibility Law of 1977, as required by subsection |
---|
36 | 36 | | (b): |
---|
37 | 37 | | |
---|
38 | 38 | | |
---|
39 | 39 | | - 2 - 000872 |
---|
40 | 40 | | |
---|
41 | 41 | | (1) Documentation, such as the declaration page of an insurance policy, |
---|
42 | 42 | | an insurance binder, or an insurance card from an insurance company |
---|
43 | 43 | | authorized to do business in this state, whether in paper or electronic format, |
---|
44 | 44 | | stating that a policy of insurance meeting the requirements of the Financial |
---|
45 | 45 | | Responsibility Law of 1977 has been issued and will be in force throughout the |
---|
46 | 46 | | motor vehicle's period of registration or renewal; or |
---|
47 | 47 | | (2) A certificate, valid for one (1) year, issued by the commissioner of |
---|
48 | 48 | | safety, stating that: |
---|
49 | 49 | | (A) A cash deposit or bond in the amount required by the |
---|
50 | 50 | | Financial Responsibility Law of 1977 has been paid or filed with the |
---|
51 | 51 | | commissioner of revenue; or |
---|
52 | 52 | | (B) The driver has qualified as a self-insurer under § 55-12-111. |
---|
53 | 53 | | (d) For purposes of this section, acceptable electronic formats include display of |
---|
54 | 54 | | electronic images on a cell phone or any other type of portable electronic device. |
---|
55 | 55 | | (e) If an application for registration or renewal is submitted through a website |
---|
56 | 56 | | administered by the department or a county clerk, or, if an applicant fails to submit to the |
---|
57 | 57 | | commissioner or a county clerk proof that the vehicle and its owner have met the |
---|
58 | 58 | | requirements of the Financial Responsibility Law of 1977 pursuant to subsection (c), |
---|
59 | 59 | | then the commissioner or the county clerk, as applicable, shall utilize the vehicle |
---|
60 | 60 | | insurance verification program, as defined in § 55-12-203, and may rely on the |
---|
61 | 61 | | information provided by the vehicle insurance verification program, for the purpose of |
---|
62 | 62 | | verifying proof that the vehicle and its owner have met the requirements of the Financial |
---|
63 | 63 | | Responsibility Law of 1977. |
---|
64 | 64 | | SECTION 2. Tennessee Code Annotated, Section 55-12-139(b)(2)(A), is amended by |
---|
65 | 65 | | deleting the language "has been issued;" and substituting instead the following: |
---|
66 | 66 | | |
---|
67 | 67 | | |
---|
68 | 68 | | - 3 - 000872 |
---|
69 | 69 | | |
---|
70 | 70 | | has been issued and is expected to be in force throughout the motor vehicle's period of |
---|
71 | 71 | | registration or renewal; |
---|
72 | 72 | | SECTION 3. Tennessee Code Annotated, Section 55-12-210(a)(2), is amended by |
---|
73 | 73 | | deleting "twenty-five-dollar coverage failure fee" and substituting instead "fifty-dollar coverage |
---|
74 | 74 | | failure fee" and by deleting "The notice described in subdivision (a)(1)" and substituting instead |
---|
75 | 75 | | "Subject to subsection (h), the notice described in subdivision (a)(1)". |
---|
76 | 76 | | SECTION 4. Tennessee Code Annotated, Section 55-12-210(b)(1)(A), is amended by |
---|
77 | 77 | | deleting the subdivision and substituting instead: |
---|
78 | 78 | | (A) Subject to subsection (h), impose on the owner of the motor vehicle a fifty- |
---|
79 | 79 | | dollar coverage failure fee. Of this fee, twenty-five dollars ($25.00) must be distributed |
---|
80 | 80 | | to the county clerk of the county in which the motor vehicle is registered, five dollars |
---|
81 | 81 | | ($5.00) must be distributed to the department of safety, and the remainder must be |
---|
82 | 82 | | deposited into the uninsured motorist identification restricted fund created in § 55-12- |
---|
83 | 83 | | 213. Twenty percent (20%) of the revenue distributed to the county clerk must be |
---|
84 | 84 | | earmarked for the county clerk's work in administration of the vehicle insurance |
---|
85 | 85 | | verification program and must not revert to the county general fund at the end of the |
---|
86 | 86 | | budget year if unexpended, and the remainder of the revenue distributed to the county |
---|
87 | 87 | | clerk must be retained by the clerk and handled in the same manner as all other fees |
---|
88 | 88 | | collected by the clerk for the clerk's benefit. |
---|
89 | 89 | | SECTION 5. Tennessee Code Annotated, Section 55-12-210, is amended by adding |
---|
90 | 90 | | the following new subsection: |
---|
91 | 91 | | (h) |
---|
92 | 92 | | (1) If an owner of a motor vehicle becomes eligible for a second notice as |
---|
93 | 93 | | described in subsection (a) within three (3) years from the date of the first notice |
---|
94 | 94 | | the department issued to the owner under subsection (a), then the coverage |
---|
95 | 95 | | |
---|
96 | 96 | | |
---|
97 | 97 | | - 4 - 000872 |
---|
98 | 98 | | |
---|
99 | 99 | | failure fee imposed pursuant to subdivision (b)(1)(A) is two hundred fifty dollars |
---|
100 | 100 | | ($250). Of this fee, one hundred twenty-five dollars ($125) must be distributed to |
---|
101 | 101 | | the county clerk of the county in which the motor vehicle is registered, fifty dollars |
---|
102 | 102 | | ($50.00) must be distributed to the department of safety, and the remainder must |
---|
103 | 103 | | be deposited into the uninsured motorist identification restricted fund created in § |
---|
104 | 104 | | 55-12-213. Twenty percent (20%) of the revenue distributed to the county clerk |
---|
105 | 105 | | must be earmarked for the county clerk's work in administration of the vehicle |
---|
106 | 106 | | insurance verification program and must not revert to the county general fund at |
---|
107 | 107 | | the end of the budget year if unexpended, and the remainder of the revenue |
---|
108 | 108 | | distributed to the county clerk must be retained by the clerk and handled in the |
---|
109 | 109 | | same manner as all other fees collected by the clerk for the clerk's benefit. |
---|
110 | 110 | | (2) If an owner of a motor vehicle becomes eligible for a third notice as |
---|
111 | 111 | | described in subsection (a) within three (3) years from the date of the second |
---|
112 | 112 | | notice the department issued to the owner as described in subdivision (h)(1), |
---|
113 | 113 | | then the coverage failure fee imposed pursuant to subdivision (b)(1)(A) is five |
---|
114 | 114 | | hundred dollars ($500). Of this fee, two hundred fifty dollars ($250) must be |
---|
115 | 115 | | distributed to the county clerk of the county in which the motor vehicle is |
---|
116 | 116 | | registered, one hundred dollars ($100) must be distributed to the department of |
---|
117 | 117 | | safety, and the remainder must be deposited into the uninsured motorist |
---|
118 | 118 | | identification restricted fund created in § 55-12-213. Twenty percent (20%) of the |
---|
119 | 119 | | revenue distributed to the county clerk must be earmarked for the county clerk's |
---|
120 | 120 | | work in administration of the vehicle insurance verification program and must not |
---|
121 | 121 | | revert to the county general fund at the end of the budget year if unexpended, |
---|
122 | 122 | | and the remainder of the revenue distributed to the county clerk must be retained |
---|
123 | 123 | | |
---|
124 | 124 | | |
---|
125 | 125 | | - 5 - 000872 |
---|
126 | 126 | | |
---|
127 | 127 | | by the clerk and handled in the same manner as all other fees collected by the |
---|
128 | 128 | | clerk for the clerk's benefit. |
---|
129 | 129 | | SECTION 6. This act takes effect July 1, 2025, the public welfare requiring it. |
---|