55-4-201 - Issuance Applicability of part Requirements Plates deemed obsolete due to inactivity. - Tennessee Statutes

55-4-201. Issuance Applicability of part Requirements Plates deemed obsolete due to inactivity.

(a)  (1)  All cultural, specialty earmarked and new specialty earmarked motor vehicle registration plates, memorial motor vehicle registration plates and special purpose motor vehicle registration plates now, or in the future, shall be issued and renewed pursuant to the provisions of this part. No plate, other than those issued under part 1 of this chapter, shall be issued or renewed unless authorized in this part.

     (2)  For the purposes of this part and part 3 of this chapter, “this part” means this part and part 3 of this chapter.

(b)  All plates issued pursuant to this part shall be issued and renewed subject to the following:

     (1)  Payment of the applicable registration fee, except as specifically provided otherwise by § 55-4-203 or any other applicable provision of this part;

     (2)  An additional fee of thirty-five dollars ($35.00) to be paid by the applicant upon issuance and renewal, except as specifically provided otherwise by § 55-4-203 or any other applicable provision of this part;

     (3)  (A)  A minimum order of one hundred (100) plates for collegiate plates as defined by § 55-4-209. Collegiate plates for motorcycles, as authorized by § 55-4-210(c), shall be subject to a minimum order of one hundred (100) plates for each classification of collegiate plates;

          (B)  A minimum order of at least five hundred (500) plates for all other cultural, specialty earmarked and new specialty earmarked plates. Personalized plates for motorcycles, as authorized by § 55-4-210(c), shall be subject to a minimum order of five hundred (500) plates;

     (4)  A design which shall be approved by the commissioner; and

     (5)  A handling fee of one dollar ($1.00) payable to the county clerk upon issuance or renewal of any cultural, specialty earmarked, or new specialty earmarked license plate, except plates exempted from payment of fees under § 55-4-203 or any other applicable provision of this part.

(c)  (1)  Subsection (b) shall apply equally to the renewal of any plate issued pursuant to this part; provided, that any plate that fails to meet the minimum requirements of subdivision (b)(3) by December 31, 1999, or for two (2) successive renewal periods thereafter shall not be reissued or renewed, and the commissioner shall notify the Tennessee code commission that the section of Tennessee Code Annotated authorizing the issuance of the plate is, on the basis of inactivity, to be deemed obsolete and invalid.

     (2)  Any cultural or new specialty earmarked plate authorized by statute on or after July 1, 1998, shall be subject to the minimum issuance requirements of subdivision (b)(3).

     (3)  Any plate authorized by this part that qualifies for initial issuance on or after July 1, 1998, shall be subject to the minimum issuance requirements of subdivision (b)(3).

(d)  Any plate authorized by this part that has not qualified for initial issuance by December 31, 1999, shall not be issued and the commissioner shall notify the Tennessee code commission that the section of Tennessee Code Annotated authorizing the issuance of the plate is, on the basis of inactivity, to be deemed obsolete and invalid.

(e)  Notwithstanding subsection (d), any plate authorized by statute on or after January 1, 1999, that fails to meet the minimum issuance requirements of subdivision (b)(3)(B) within one (1) year of the effective date of the act authorizing the plate shall not be issued, and the commissioner shall notify the Tennessee code commission that the section of Tennessee Code Annotated authorizing the issuance of the plate is, on the basis of inactivity, to be deemed obsolete and invalid.

(f)  No plate authorized by this part that has failed to meet minimum issuance or renewal requirements and has been deemed obsolete and invalid pursuant to this section, nor a plate substantially the same in appearance or content, shall be eligible for re-issuance pursuant to this part until the expiration of a three-year period beginning on the date the plate, or a plate substantially the same in appearance or content, was deemed obsolete and invalid.

(g)  Subdivision (b)(3) and subsections (c), (d), (e), (f), and (h) shall not apply to the following plates issued pursuant to this part:

     (1)  Antique motor vehicle;

     (2)  Dealer;

     (3)  Disabled;

     (4)  Emergency;

     (5)  Firefighter, as provided for in § 55-4-241;

     (6)  General assembly;

     (7)  Government service;

     (8)  Honorary consular;

     (9)  Judiciary;

     (10)  Memorial;

     (11)  Metropolitan council;

     (12)  Military;

     (13)  National Guard;

     (14)  Sheriff;

     (15)  United States house of representatives;

     (16)  United States judge; and

     (17)  United States senate.

(h)  (1)  Notwithstanding any provision of this part to the contrary, any cultural or new specialty earmarked license plate authorized by statute on or after July 1, 2002, shall be subject to a minimum order of at least one thousand (1,000) plates prior to initial issuance. This subdivision (h)(1) shall apply equally to the renewal of any cultural or new specialty earmarked plate initially issued on or after July 1, 2002. Any such plate that does not meet the minimum order requirements of this subdivision (h)(1) within one (1) year of the effective date of the act authorizing that plate, or does not meet the renewal requirements for any two (2) successive renewal periods thereafter, shall not be issued, reissued or renewed and shall be deemed obsolete and invalid. The commissioner shall annually notify the executive secretary of the Tennessee code commission of the sections of the code authorizing the issuance of plates deemed obsolete and invalid pursuant to this subdivision (h)(1).

     (2)  Subdivision (h)(1) shall not apply to collegiate plates otherwise administered pursuant to this part; provided, that on and after July 1, 2002, collegiate plates for four-year colleges or universities located outside Tennessee shall be subject to a minimum order of at least one thousand (1,000) plates prior to initial issuance by the department. This subdivision (h)(2) shall apply equally to the renewal of any collegiate plates for four-year colleges or universities located outside Tennessee initially issued by the department on or after July 1, 2002. Any such plate that does not meet the minimum order requirements of this subdivision (h)(2) or does not meet the renewal requirements for any two (2) successive renewal periods, shall not be administratively issued, reissued or renewed by the department and shall be deemed obsolete and invalid.

     (3)  (A)  Notwithstanding any provision of this part to the contrary, between July 1, 2002, and August 31, 2002, any cultural license plate authorized by § 55-4-264 shall be subject to a minimum order of at least two hundred fifty (250) plates prior to initial issuance. This subdivision (h)(3)(A) shall apply equally to the renewal of any cultural license plate authorized by § 55-4-264 and initially issued between July 1, 2002, and August 31, 2002. Any such plate that does not meet the minimum order requirements of this subdivision (h)(3)(A) or does not meet the renewal requirements for any two (2) successive renewal periods, shall not be administratively issued, reissued or renewed by the department and shall be deemed obsolete and invalid.

          (B)  On or after September 1, 2002, any cultural license plate authorized by § 55-4-264 shall be subject to a minimum order of at least one thousand (1,000) plates prior to initial issuance. This subdivision (h)(3)(B) shall apply equally to the renewal of any cultural license plate authorized by § 55-4-264 and initially issued on or after September 1, 2002. Any such plate that does not meet the minimum order requirements of this subdivision (h)(3)(B) or does not meet the renewal requirements for any two (2) successive renewal periods, shall not be administratively issued, reissued or renewed by the department and shall be deemed obsolete and invalid.

(i)  All funds produced from the sale or renewal of cultural, specialty earmarked and new specialty earmarked license plates shall be used exclusively in Tennessee to support departments, agencies, charities, programs and other activities impacting Tennessee, as authorized pursuant to this part.

(j)  Any new specialty earmarked license plate authorized by statute on or after July 1, 2008, on behalf of a nonprofit organization shall be subject to certification of the organization's nonprofit status by the secretary of state within ninety (90) days of such authorization prior to initial issuance. Any such plate authorized on behalf of a nonprofit organization that is not certified as a registered nonprofit organization in good standing with the state by the secretary of state shall be deemed obsolete and invalid.

(k)  Any nonprofit organization receiving proceeds from the sale of a new specialty earmarked license plate on or after July 1, 2008, shall be subject to the following requirements:

     (1)  The nonprofit organization shall meet and maintain all statutory requirements and internal revenue service regulations for nonprofit corporations;

     (2)  Each nonprofit organization shall maintain its nonprofit status in good standing with the secretary of state;

     (3)  By September 30, 2008, and September 30 each following year, all nonprofit organizations receiving proceeds from the sale or renewal of a new specialty earmarked license plate shall submit an annual accounting of all such funds received from July 1 to June 30 of the preceding state fiscal year to the comptroller of the treasury. The comptroller of the treasury may audit any nonprofit organization receiving funds from a new specialty earmarked license plate to ensure that the funds are being used in accordance with statutory authority for the plate, and the cost of the audit shall be charged to the nonprofit organization; and

     (4)  A nonprofit organization shall return any proceeds received from a new specialty earmarked license plate that a comptroller of the treasury's audit finds have been used in violation of statutory authority. The attorney general and reporter is authorized to institute proceedings, as defined in § 48-51-201, under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapter 51, to recover the proceeds.

[Acts 1998, ch. 1063, § 1; 1999, ch. 494, § 1; 2000, ch. 674, § 1; 2002, ch. 876, §§ 1, 3; 2007, ch. 484, § 42; 2007, ch. 604, § 17; 2008, ch. 924, §§ 8, 12; 2008, ch. 1145, § 1.]