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| 5 | 4 | | SENATE BILL 1428 |
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| 6 | 5 | | By Walley |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | SB1428 |
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| 10 | 9 | | 003005 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Chapter 116 of the Private Acts of 2000; and |
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| 14 | 13 | | any other acts amendatory thereto, relative to Fayette |
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| 15 | 14 | | County. |
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| 16 | 15 | | |
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| 17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 17 | | SECTION 1. Chapter 116 of the Private Acts of 2000, and any other acts amendatory |
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| 19 | 18 | | thereto, is amended by deleting Section 3 and substituting: |
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| 20 | 19 | | SECTION 3. Such special wheel or privilege tax shall be collected by the county |
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| 21 | 20 | | clerk of Fayette County at the same time the clerk collects the state privilege tax for the |
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| 22 | 21 | | operation of motor driven vehicles. The county clerk of Fayette County shall not issue to |
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| 23 | 22 | | any resident of the county a state license for the operation of a motor driven vehicle |
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| 24 | 23 | | unless at the same time such resident shall also purchase the appropriate license as |
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| 25 | 24 | | herein provided for the operation of the resident's motor driven vehicle under this act. |
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| 26 | 25 | | The payment of the license fee herein provided shall be evidenced by an emblem, |
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| 27 | 26 | | sticker, or receipt in the form of a decal to be appropriately displayed by affixing the |
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| 28 | 27 | | same on the state license plate of such motor driven vehicle. The design of the emblem, |
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| 29 | 28 | | sticker, or decal shall be determined by the county commission and the expense incident |
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| 30 | 29 | | thereto shall be paid from the county general funds. |
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| 31 | 30 | | |
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| 32 | 31 | | The special wheel or privilege tax shall entitle the owner of a motor driven vehicle to |
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| 33 | 32 | | operate the same concurrent with the state license motor vehicle privileges, and the |
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| 34 | 33 | | same proportionate reduction shall be made as is now made in the case of state |
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| 35 | 34 | | registration of motor driven vehicles when such motor driven vehicles are registered. |
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| 36 | 35 | | The county clerk for the services in issuing such licenses, shall be entitled to a fee of |
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| 37 | 36 | | one dollar ($1.00) for each license so issued, to be collected from the person purchasing |
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| 38 | 37 | | the same, and the clerk's fee shall be in addition to the tax hereinabove provided for. |
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| 39 | 38 | | |
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| 40 | 39 | | |
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| 41 | 40 | | - 2 - 003005 |
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| 42 | 41 | | |
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| 43 | 42 | | Provided further, any motor driven vehicle upon which a current license fee has been |
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| 44 | 43 | | paid, should such motor driven vehicle be sold, traded, demolished, destroyed, or |
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| 45 | 44 | | otherwise change ownership, the current license holder may obtain from the county clerk |
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| 46 | 45 | | a current replacement emblem, sticker, or decal, upon the payment of a fee of one dollar |
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| 47 | 46 | | ($1.00) and the county clerk shall be entitled to such fee for the issuance of the |
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| 48 | 47 | | replacement license. |
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| 49 | 48 | | |
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| 50 | 49 | | The county clerk shall report all funds collected monthly and pay the same over to the |
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| 51 | 50 | | trustee of Fayette County and such funds shall be applied as follows. Such special |
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| 52 | 51 | | wheel or privilege tax, when collected in the hands of the county trustee, shall be |
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| 53 | 52 | | allocated in the following manner: |
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| 54 | 53 | | |
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| 55 | 54 | | One hundred percent (100%) of the amount so collected, excluding clerk's fees, |
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| 56 | 55 | | shall be initially placed in the county general fund and may be used for any |
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| 57 | 56 | | authorized general fund use or may be transferred to the county capital projects |
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| 58 | 57 | | fund and used to pay capital costs for school construction and other county |
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| 59 | 58 | | facilities or transferred to the county debt service fund and used to pay principal |
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| 60 | 59 | | and interest on debt issues for school construction and other county facilities, all |
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| 61 | 60 | | as determined each year during the county's annual budget process. |
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| 62 | 61 | | SECTION 2. This act shall have no effect unless it is approved by a two-thirds (2/3) vote |
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| 63 | 62 | | of the legislative body of Fayette County. Its approval or nonapproval shall be proclaimed by |
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| 64 | 63 | | the presiding officer of the legislative body and certified to the secretary of state. |
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| 65 | 64 | | SECTION 3. For the purpose of approving or rejecting the provisions of this act, it shall |
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| 66 | 65 | | be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall |
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| 67 | 66 | | become effective as provided in Section 2. |
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