55-4-290. Animal Population Control Endowment Fund.

(a)  An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-203, shall be issued an "Animal Friendly" new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c). 

(b)  The new specialty earmarked plates provided for in this section shall contain an appropriate image, design or logo that depicts an animal or animals and indicates support for animal welfare. 

(c) (1)  The funds produced from the sale of "Animal Friendly" new specialty earmarked license plates, pursuant to § 55-4-215 shall be deposited in a special fund in the general fund to be used exclusively for grants to non-profit organizations or governmental agencies to provide low-cost spaying and neutering of unsterilized animals to prevent and/or reduce animal overpopulation as well as funding to defray costs incurred by the department of agriculture associated with the licensing of dog and cat dealers pursuant to title 44, chapter 17, part 1, not to exceed eighty thousand dollars ($80,000) per year and not to be available to the department for such purposes after July 1, 2004. It is the intent of the general assembly that the department sustain a grant program to spay and neuter clinics in fiscal years 2003 and 2004 that at least approximates the level of grant allocations in fiscal year 2002 subject to satisfactory qualifications of the respective applicants. 

During the first fiscal year in which revenues derived from the fees collected pursuant to title 44, chapter 17, part 1, exceed one hundred thirty thousand dollars ($130,000), the department of agriculture shall allocate all such revenues in excess of one hundred thirty thousand dollars ($130,000) to the animal population control endowment fund. The department of agriculture shall continue the procedure outlined in the preceding sentence during subsequent fiscal years until such time as the department has made reimbursements to the animal population control endowment fund in a total amount of one hundred sixty thousand dollars ($160,000).  The commissioner of agriculture is authorized to make grants to eligible organizations to operate animal sterilization programs from moneys available in the special fund. 

(2) There is hereby established a general fund reserve to be allocated by the general appropriations act which shall be known as the "animal population control endowment fund." Moneys from the fund may be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues on interest earned by such revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from such reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. 

(3) All revenues produced from the sale and renewal of the new specialty earmarked plates authorized by this section shall be allocated in accordance with the provisions of § 55-4-215. 

[Acts 1999, ch. 42, § 2; 2002, ch. 774, §§ 7, 8.]

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 twenty-five dollars ($25.00) 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; provided, that such fee shall be thirty-five dollars ($35.00) for all cultural, specialty earmarked and new specialty earmarked license plates issued and renewed, or renewable, on or after September 1, 2002. 

(3) (A) A minimum order of one hundred (100) plates for collegiate plates as defined by § 55-4-209(4). 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) such plates; and 

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

(c) (1)  The provisions of 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 such plate is, on the basis of such 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 such plate is, on the basis of such inactivity, to be deemed obsolete and invalid. 

(e)  Notwithstanding the provisions of 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 such 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 such plate is, on the basis of such 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 such plate, or a plate substantially the same in appearance or content, was deemed obsolete and invalid. 

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

(1) Antique motor vehicle; 

(2) Dealer; 

(3) Disabled; 

(4) Emergency; 

(5) "Enemy evadees" as certified by the department of veterans affairs; 

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

(7) General assembly; 

(8) Government service; 

(9) Honorary consular; 

(10) Judiciary; 

(11) Memorial; 

(12) Metropolitan council; 

(13) National guard; 

(14) Pearl Harbor survivors; 

(15) Sheriff; 

(16) United States house of representatives; 

(17) United States judge; and 

(18) 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. The provisions of 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 such 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 the provisions of this subdivision (h)(1). 

(2) The provisions of subdivision (h)(1) shall not apply to collegiate plates otherwise administered pursuant to the provisions of 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. The provisions of 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. The provisions of 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 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. The provisions of 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 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)  The comptroller of the treasury shall conduct a performance audit of the department of safety's policies, procedures and directives as to the administration of this part, relative to special license plates. Such audit shall include, but shall not be limited to, an analysis of the fees collected versus the costs of manufacturing, issuing and administering such special license plates, and an examination of the associated costs of special license plates, including the costs of county clerks in storage, handling and issuance of such special license plates. The office of the comptroller of the treasury shall report its findings and recommendations to the transportation committee of the senate and to the transportation committee of the house of representatives on or before February 5, 2003. 

(j)  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 the provisions of this part. 

[Acts 1998, ch. 1063, § 1; 1999, ch. 494, § 1; 2000, ch. 674, § 1; 2002, ch. 876, §§ 1, 3.]