CHAPTER NO. 1115

SENATE BILL NO. 412

By Dixon

Substituted for: House Bill No. 213

By Cooper

AN ACT To amend Tennessee Code Annotated, Title 55, Chapter 4, Part 3, relative to registration and licensing of motor vehicles.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 55, Chapter 4, Part 3, is amended by adding the following as a new, appropriately designated section:

(a) "HISTORICALLY BLACK COLLEGES" license plates shall be issued on the same basis as cultural plates upon the payment of the appropriate fees. The Commissioner of Safety, acting in consultation with the Legislative Office of Minority Affairs, shall determine a distinctive color and design for the "HISTORICALLY BLACK COLLEGES" license plates. The color and design selected for such plate shall collectively honor all of Tennessee's historically black colleges (i.e., Fisk University, Knoxville College, Lane College, and LeMoyne-Owen College).

(b) Notwithstanding the provisions of 55-4-307, or any other law to the contrary, except as otherwise provided by subsection (c), all additional fees collected pursuant to subsection (a) shall be deposited in the fund established pursuant to 55-4-264(a), to benefit Tennessee's historically black colleges (i.e., Fisk University, Knoxville College, Lane College, and LeMoyne-Owen College).

(c) Notwithstanding any other provision of this section, for the first fiscal year in which such license plates are issued and after deducting the expense the state has incurred in designing and manufacturing such license plates, funds derived from the sale of the first one thousand (1,000) such license plates shall be distributed as provided in 55-6-107, and funds derived from the sale of such license plates in excess of one thousand (1,000) shall be distributed as otherwise provided in subsection (b). For succeeding fiscal years, all funds derived from the renewal of "HISTORICALLY BLACK COLLEGES" license plates or from any new issues of such license plates, less any expense the state has incurred in designing and manufacturing such license plates, shall be distributed as earmarked in subsection (b) with no further payments going to the highway fund or the general fund from such license plates.

(d) Notwithstanding the provisions of Section 55-4-201(b)(1)(B), the special license plates authorized by this section shall be issued subject to the following requirements:

(1) A minimum order of at least five hundred (500) plates.

(2) If the plates authorized by this section have not qualified for initial issuance by July 1, 2000, such plates shall not be issued and the Commissioner of Safety shall notify the Tennessee Code Commission that this section of Tennessee Code Annotated authorizing the issuance of such plates is, on the basis of such inactivity, to be deemed obsolete and invalid.

(e) The provisions of subsection (d) shall apply equally to the renewal of the special license plates issued pursuant to this section; provided, however, if such plates fail to meet the minimum requirements of subsection (d) for two (2) successive renewal periods after the initial issuance of such plates, such plates shall not be reissued or renewed, and the Commissioner of Safety shall notify the Tennessee Code Commission that this section of Tennessee Code Annotated authorizing the issuance of such plates is, on the basis of such inactivity, to be deemed obsolete and invalid.

SECTION 2. This act shall take effect July 1, 1997, the public welfare requiring it.

PASSED: May 1, 1998

APPROVED this day of 1998

Pursuant to Article III, Section 18, of the Constitution of the State of Tennessee, the Governor had Senate Bill No. 412 in his possession longer than ten (10) days, so therefore the bill becomes law without the Governor's signature.