Saturday, October 3, 2009

Update on the Right of Self Preservation in the Knoxville Area

The last few months have been very eventful. The state government has passed laws that allow anyone, who obtains a Handgun Carry Permit either from the state of Tennessee or from a state which the State of Tennessee honors, to carry in establishments where alcohol is served for consumption so long as that person is not consuming alcohol, to carry in state parks within Tennessee, and also to carry in local parks. Aside from Governor Bredesen's veto and the subsequent veto override, this is when much of the action began.

The "gun in parks" legislation provided for the rights of the people to carry in local government parks beginning September 1st provided the following requirements were met. First, no local law existing before April 8, 1986 prevented individuals from going armed within a local park; and second, the local government did not vote to opt out of the state law. This set off a scramble of local politicians to limit the rights of the people to carry a firearm to protect themselves, and the Knoxville area was no exception.

After rescheduling the vote on opting out, scheduling a public forum, canceling the public forum due to a grandfathered anti-gun ordinance, scheduling an "opt in" ordinance, rescheduling the vote on the ordinance to repeal gun limitations in parks to entertain a public forum, holding the public forum, and then discussing the ordinance at a City Council meeting, the ordinance was voted down on the first reading by a vote of 6-3 on Tuesday, September 22. Voting "no" on the ordinance were Bob Becker, Rob Frost, Bob Booker, Marilyn Roddy, Chris Woodhull, and Barbra Pelot. Mr. Joe Hultquist voted for the measure; however, he made it clear that he was only voting for it to possibly lengthen debate on the issue and would likely vote against it at the second reading if the ordinance passed. The two votes for the ordinance were Council members Steve Hall, who had requested the ordinance, and Joe Bailey.

This, personally, was not unexpected as it was easy to see what the intentions of the City Council members were as they commented on this issue over the past couple months. What was surprising were the comments of Mayor Haslam. I had been in contact with his office regarding this issue in particular over the weeks leading up to this vote. I was forwarded several e-mails from his office regarding updates on this issue. In each or nearly each message, Mayor Haslam made comments to affirm his support of the right to keep and bear arms. At the end of the Council meeting, he made the statement that although he saw the ability of people bearing arms in defense of themselves and others as a "right," due to the difficulty of implementing a repeal of the prohibition of guns on greenways and other areas including areas where park boundaries and school property meet, he would not be supporting the repeal. These statements lead me to question his definition of rights of people in that it would seem that Mr. Haslam would believe that a governmental body could legislate something which could not be, by definition, found within the bounds of its jurisdiction.

The new state law, by this time, had been in effect for three weeks meaning the bearing of weapons by permit holders within any local government parks within the jurisdiction of municipalities and counties which had not opted out of the state law and which did not have a grandfathered ordinance was now legal. The following Monday afternoon, the Knox County Commission took up the issue. This time the vote went the opposite direction. By a vote of 13-5, the County Commission voted to affirm the state law. Those voting against the right of self preservation were Amy Broyles, Mark Harmon, Sam McKenzie, Finbar Saunders, and Thomas "Tank" Strickland. Commissioners voting for the measure were Brad Anders, Bud Armstrong, Richard Briggs, Mike Brown, Michele Carringer, Mike Hammond, Ivan Harmon, Greg "Lumpy" Lambert, Craig Leuthold, Tony Norman, Paul Pinkston, R. Larry Smith, and Dave Wright.

If you live within the City of Knoxville, live in Knox County, or visit either, please contact the City Council or Knox County Commission members and voice your disapproval of votes limiting your right of self preservation. Even more so, contact those representatives who have voted to uphold your rights. They rightly deserve to be supported for actions which preserve our liberties and emboldened to do more in the future.

Of the places in the Knoxville Area, the following lists are the places where it has been reported in the media that either the bearing of arms has been banned or upheld. These are not by any means exhaustive lists.

Where People Retain the right of self preservation:
Anderson County
Knox County
Dandridge
Kingston

Where the People do not retain the right of self preservation:
City of Knoxville
Maryville
Oak Ridge
Clinton
Gatlinburg

I will end this post with a few statements which I replied to someone commenting on my likely enjoyment of the Knox County Commission's vote: I am glad the Knox County Commission has respected the right of self defense especially on the heals of the affirmation of the ban in the City of Knoxville. All in all, most places in the State do not inhibit self defense. And thus over the last several months, Tennesseans have taken back some of their lost liberties. It is always a good and enjoyable thing when the powers that be are prevented from disrupting the peaceful existence of free peoples and the natural rights which define their status as free people.

Really agree with what you read? Really disagree? Somewhere in the middle?....Let yourself be heard in the comments!
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Tuesday, August 25, 2009

Knoxville City Council Votes to Delay on Gun Ordinance

This evening the Knoxville City Council was to hear speakers and vote on repealing the ban on guns in city parks. In support of this repeal, many people took time to travel downtown to support by attendance or speak out in support; but as was the case for the previous debate on "opting out" of the new state law, the citizens' time was yet again wasted in favor of delay.

A workshop is scheduled for September 3 at 5:00 PM. To allow for this workshop on the gun issue, the measure is delayed for four weeks and will be taken back up on September 22. I would like to take a moment to point out that the Knoxville City Government had a chance to listen to its citizens at a workshop on the 20th of this month, but sought it more appropriate to CANCEL THE WORKSHOP!! Now we must have yet another workshop. I don't think you care what the people think. I think you will try to get away with anything you can, and I don't think a workshop will have any effect on how you will vote. If you really cared how we felt on the issue, you would have not canceled the previous workshop. I know I love my liberty in an APPROPRIATELY extreme way, but how bout you people on the Knoxville City Council take a frekin' hint! YOU DO NOT HAVE THE AUTHORITY TO NEGATE ANY PART OF THE CONSTITUTION EVEN IF YOU THINK IT IS FOR OUR OWN GOOD! WE WANT TO HAVE THE ABILITY TO PROTECT OURSELVES! GET OUT OF OUR WAY! I hope that wasn't in any way unclear.

It was apparent to me as I spoke to Marylin Roddy, a city council member, that she had a (politically correct) indifference to opting out of the state law and would like to hear more from her constituents before voting. Ms. Roddy, in what universe must you live in to not know how you stand on the 2nd Amendment? It is a core issue which is debated often! That was her position last month with the previous resolution. Today, she floated the idea of a "compromise" ordinance which would exclude all parks which have playgrounds or ball fields which are frequented by children. Clearly, she is at best hostile to the 2nd amendment. I also find it hard, with an exception of one or two, to picture clearly any parks which her "compromise" would not encompass. So as I see it, her "compromise" is not a compromise at all; it is in effect a ban in the essentially same effect as the ban exists today.

Here is her contact information:

Marilyn Roddy - at large
920 Iskagna Drive
Knoxville, TN 37919
Phone: (865) 637-0333
Email: mroddy@cityofknoxville.org

If you support the 2nd Amendment, make her phone ring off the hook and overflow her in box with e-mail telling her how the 2nd Amendment is not hers to deny in any way. Her power is not superior to the constitution, but inferior. Would she propose that we deny the public their 1st (or any other) Amendment rights because it in some way is harmful to any certain group in any certain area? If she and the other council members have the authority to deny the 2nd Amendment, by what rational are they prohibited from denying any other Amendment?

Set your calendars; call your council member(s); speak out, speak loud, & speak often! We can force them to obey the Constitution even if it is against their idea of how they would shape our lives. They are our servants, and their first priority as our elected servants is to protect our rights. Only after that is complete may they observe any other act of governance. Make it clear to them whom they serve!

In case you don't know how to contact Knoxville City Government, here are Ms. Roddy's and important county officials along with the other city council members' contact info:

Knoxville City Officials' contact information:
Mayor Bill Haslam
City County Building
Phone: (865) 215-2040
Fax: (865) 215-2085
Email: mayor@cityofknoxville.org

Mayor's Office
William Lyons, Senior Director
Department of Policy & Communications
Phone: (865) 215-2029
Email: wlyons@cityofknoxville.org

Larry B. Martin, Deputy to the Mayor
Phone: (865) 215-2086
Fax: 865-215-2277
Email: lmartin@cityofknoxville.org

Thomas Strickland, Jr., Director
Community Relations
Special Assistant to the Mayor
Phone: (865) 215-2048
Fax: (865) 215-2085
Email: tstrickland@cityofknoxville.org

Council members can be reached by contacting the City Recorder's Office
Phone: (865) 215-2075
Fax: (865) 215-4269
City Council Members

Vice Mayor Bob Becker - Fifth District
125 E. Columbia Avenue
Knoxville, TN 37917
Phone: 865-387-0752
Email: bob@bobbecker.org

Joe Bailey - at large
424 Hillvale Turn, West
Knoxville, TN 37919
Phone: (865) 637-4477
Email: jdbailey@cityofknoxville.org

Chris Woodhull - at large
223 Deadrick Avenue
Knoxville, TN 37921
Phone: (865) 661-4131
Email: chriswoodhull@bellsouth.net

Marilyn Roddy - at large
920 Iskagna Drive
Knoxville, TN 37919
Phone: (865) 637-0333
Email: mroddy@cityofknoxville.org

Joseph Hultquist- First District
2240 Fisher Place
Knoxville, TN 37920
Phone: (865) 579-1250
Email: joseph49@bellsouth.net

Barbara Pelot - Second District
8437 Corteland Drive
Knoxville, TN 37909
Home: (865) 693-0454 OR (865) 671-1544
Fax: (865) 693-0525
Email: rpelot3@aol.com

Steve Hall - Third District
5748 Acapulco Avenue
Knoxville, TN 37921
Phone: (865) 584-9567 OR (865) 522-1195
Email: InteriorFinishes@MSN.com

Rob Frost - Fourth District
P.O. Box 300
Knoxville, TN 37901-0300
Phone: (865) 525-1303 OR (865) 546-7000
Fax: 865-546-0423
Email: RobFrostCityCouncil@comcast.net

Robert J. Booker - Sixth District
2621 Parkview Avenue
Knoxville, TN 37914
Phone: (865) 546-1576

Really agree with what you read? Really disagree? Somewhere in the middle?....Let yourself be heard in the comments!
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Sunday, August 23, 2009

Knoxville To Consider Opting In To State Gun In Parks Law

The Knoxville City Council will be addressing item 12-a on the current agenda (http://www.ci.knoxville.tn.us/citycouncil/agenda.pdf). This is an ordinance to amend Section 20-60 of the Knoxville City Code to allow citizens possession of firearms or weapons within City parks. The City Council meeting will be held Tuesday, August 25 at 7:00 P.M. at the City County Building (400 Main St. Knoxville, TN 37902). Whether you live, work, or visit Knoxville, calling and e-mailing all council members with your concerns of support for item 12-a will help regain some of our liberty and equip ourselves to better protect ourselves, our families, and our friends; however, It is critical that if you support the Second Amendment that you attend the meeting. A head count will likely be taken of attendees who are supportive of the proposed ordinance as was done at previous meetings concerning this subject. If this measure is passed, it is quite likely that to ban guns again in Knoxville will require an alteration of Tennessee State Law which will prevent the City of Knoxville from disregarding the Second Amendment by merely voting so. Supporting this ordinance will also be witnessed by Knox County officials. Many times the County and City amend their laws to match each other, and if Knoxville repeals its ban on weapons in parks, it will give support to the preservation of the Second Amendment in the county as well.

Knoxville City Officials' contact information:
Mayor Bill Haslam
City County Building
Phone: (865) 215-2040
Fax: (865) 215-2085
Email: mayor@cityofknoxville.org

Mayor’s Office
William Lyons, Senior Director
Department of Policy & Communications
Phone: (865) 215-2029
Email: wlyons@cityofknoxville.org

Larry B. Martin, Deputy to the Mayor
Phone: (865) 215-2086
Fax: 865-215-2277
Email: lmartin@cityofknoxville.org

Thomas Strickland, Jr., Director
Community Relations
Special Assistant to the Mayor
Phone: (865) 215-2048
Fax: (865) 215-2085
Email: tstrickland@cityofknoxville.org

Council members can be reached by contacting the City Recorder's Office
Phone: (865) 215-2075
Fax: (865) 215-4269
City Council Members

Vice Mayor Bob Becker - Fifth District
125 E. Columbia Avenue
Knoxville, TN 37917
Phone: 865-387-0752
Email: bob@bobbecker.org

Joe Bailey - at large
424 Hillvale Turn, West
Knoxville, TN 37919
Phone: (865) 637-4477
Email: jdbailey@cityofknoxville.org

Chris Woodhull - at large
223 Deadrick Avenue
Knoxville, TN 37921
Phone: (865) 661-4131
Email: chriswoodhull@bellsouth.net

Marilyn Roddy - at large
920 Iskagna Drive
Knoxville, TN 37919
Phone: (865) 637-0333
Email: mroddy@cityofknoxville.org

Joseph Hultquist- First District
2240 Fisher Place
Knoxville, TN 37920
Phone: (865) 579-1250
Email: joseph49@bellsouth.net

Barbara Pelot - Second District
8437 Corteland Drive
Knoxville, TN 37909
Home: (865) 693-0454 OR (865) 671-1544
Fax: (865) 693-0525
Email: rpelot3@aol.com

Steve Hall - Third District
5748 Acapulco Avenue
Knoxville, TN 37921
Phone: (865) 584-9567 OR (865) 522-1195
Email: InteriorFinishes@MSN.com

Rob Frost - Fourth District
P.O. Box 300
Knoxville, TN 37901-0300
Phone: (865) 525-1303 OR (865) 546-7000
Fax: 865-546-0423
Email: RobFrostCityCouncil@comcast.net

Robert J. Booker - Sixth District
2621 Parkview Avenue
Knoxville, TN 37914
Phone: (865) 546-1576



Really agree with what you read? Really disagree? Somewhere in the middle?....Let yourself be heard in the comments!
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Wednesday, July 29, 2009

Gun Ban Debate In Knoxville

For those of you who don't know, the State of Tennessee enacted a law which allows persons with a handgun permit to carry their weapon(s) in state and local parks beginning September 1 provided that local governments do not "opt out" of the legislation by that time.

Yesterday evening, July 29, the Knoxville City Council voted to postpone the "opt out (gun ban)" vote until the 25th of August in order to entertain a public forum on August 20th at 5:00 PM at the City/County Building. Here is a local story on yesterday's events. The story is pretty accurate, but there is one thing missing from the article. During the meeting, the council asked for a show of support first for the measure to ban guns in local parks, then, against. From my vantage point, which I believe I was able to see all attendees, there were no persons showing support for the measure. Conversely, there were approximately 30 people showing support against the measure.

Here is an image of the resolution. The most important text of the resolution is this:

Section 1:
Any person authorized to carry a handgun under Tennessee Code Annotated § 39-17-1351, is prohibited from possessing any handgun while within a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place that is owned or operated by the City of Knoxville or any of its instrumentalities. This prohibition of handguns within any municipal park applies to the entire park, notwithstanding the provisions of T.C.A. § 39-17-1311(b)(1)(I). However, this Resolution does not prohibit lawful possession of any handgun in accordance with T.C.A. § 39-17-1311(b)(1)(A)-(H).
The definition of places which this law applies seems very expansive. What is a "similar public place?" Does "waterway" mean that I may not be in possession of a firearm and travel by boat through the City of Knoxville? If so, a "waterway" seems to be a similar public place to a roadway. The language of this resolution seems to suggest that it will apply to any publicly owned or operated space. What exactly is an instrumentality? Could this mean that in addition to any public place directly operated or owned by the City of Knoxville, any place indirectly owned or operated by the City of Knoxville will be affected by this? If these concerns are credible, this resolution will outlaw the exercise of the Second Amendment in all places except your home, the homes of your friends and family, any private businesses including the area in which you must travel between them.

Most of us by now have heard (or argued) the typical arguments against guns; and usually, they fall into a genre of safety. If there weren't guns, there wouldn't be as many violent crimes, etc., etc. These arguments make no logical sense are simply not true. If someone is willing to harm you by an illegal activity, I see no rational train of thought which to suggest that the criminal would be concerned with doing it in a lawful manner. It is my opinion that the people who are supporters of gun control dislike guns and attack them politically due to the emotion they feel about the subject. Therefore this and other logical arguments surely will have little effect on such people; but when you boil down their emotional argument, you find a very different one.

This country if founded upon one very basic principal above all others which is self-governance. So long as you are not interfering with the rights of another, you are allowed to make your own decisions. The gun control debate falls square in the lap of the principal. Not only that, but it is an argument for or against self-governance. Proponents of gun control make the decision for themselves that they do not want to own or use firearms. I have no issue with the personal decisions of anyone who chooses not to use guns. The problem is that proponents of gun control do not stop there. They believe that their decision making is superior to others' ability to make decisions, and through the force of government, make the decisions for everyone else through an ultimatum of confiscation of property or imprisonment to defy these decisions. These political activities are are directly contrary to the idea of self-governance and incompatible with it.

This of course is not the only problem with gun control.
Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Isn't it interesting that the framers of the constitution chose the word "infringed" and not another word like "denied." "Infringed" to me seems to mean a slight injury. Therefore, we could rewrite the Amendment to read, "...the right of the people to keep and bear Arms, shall not even slightly be injured." I believe that certain exceptional areas in the gun control debate have their own unique discussion such as weapons of mass destruction and bearing arms during proceedings which may result in the confiscation of liberty or property (court rooms), but we are not talking about these types of situations. We are talking about the average citizen who has a handgun permit in average everyday places and situations. To deny someone their 2nd Amendment in these parameters as defined in this resolution is an irresponsible and irrational act. It is incompatible with self-governance, liberty, the Constitution, and logic.

Really agree with what you read? Really disagree? Somewhere in the middle?....Let yourself be heard in the comments!
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Saturday, July 4, 2009

Happy Dependence Day

The 4th of July had come around again; and this may sound a little pessimistic, but I'd like to wish everyone a happy Dependence Day.

The holiday may be called Independence Day, but I theorize that due to the transfer of power from the people to state and local governments and from state and local governments to the federal government, the Declaration of Independence effectively was, instead of a termination of the authority of the British government over the colonies, a shift of dependence. We talk a big deal about "the land of the free," but we are not free. Sure, we can choose what town to live in, what TV shoes and movies to watch, choose to have children, & choose what to say & read; but what else are we free from government intrusion to do? Not a whole lot. It isn't permissible to grow food on your own land without governmental permission. That seems a pretty basic thing to do: grow your own food. You would think that would be something you would be free to do without governmental regulation, but you'd be wrong. We can't earn a living, give someone a gift, be self-employed, being unemployed, or even die without being punished through taxation. How could anyone say that freedom no longer rings in the U.S.? So go ahead and celebrate the 4th, wave your flags, and celebrate freedom, but don't forget to say how there "should be a law" whenever you see something you don't agree with or see decisions and authority that should be taken from the citizens that can't be trusted with the responsibility of having the authority to make decisions in a way contrary to the way you think the government would. In the face of our overreaching government, the 4th celebrations of freedom seem rather hollow.

Happy Dependence Day Everybody!



Really agree with what you read? Really disagree? Somewhere in the middle?....Let yourself be heard in the comments!
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Friday, June 5, 2009

The VAT Balloon

Over the last week or so, there has been talk of a VAT. For those of you who don't know what a VAT is, VAT stands for Value Added Tax. What a VAT does is taxes the value of a product increases through the manufacturing process. I'll Give an example.

You want to buy a widget. This widget has 3 parts supplied to the widget manufacturer (WM) which it uses to construct the final product. Each part supplier purchases raw materials and makes a part A, B, & C. During the process of manufacturing each part the value of each part increases in value by $50. So, lets say each part manufacturer (PM) pays $50 in materials making the price sold to the WM is $100. At this point, the PM is taxed 25% (one of the floated rates). This means the PM will pay $12.50 when selling each part. The WM takes each part and makes a widget which it sells at a price of $500. The value increase will be $200 ($500-3($100)). So at the same 25% VAT, the tax paid by WM will be $50. So the VAT taxes paid on the purchase of a $500 widget will be $87.50 ($50 + 3(12.50)).

What is good about this?

Well, the first thing is that a VAT will be partially an elective tax. If you don't want to pay the VAT, don't buy anything. The ability of paying taxes electively gives power to the people. Don't like a military engagement? Don't buy anything. Don't like a entitlement program? Don't buy anything. Having a tax system based upon a "sales tax" model (Note that a VAT is not a sales tax) gives the public the ability to control the purse strings of the nation through voting with their pocketbook.


So, what's the down side to this?

The VAT balloon floated by the Obama administration is not a tax system in opposition to the current system. In other words the VAT will not replace, but be added to, all the other taxes. There is some talk about possibly augmenting the income tax to make the tax more palatable to tax payers; however, the income tax is not being proposed to being repealed. This will mean just another layer of taxation added to the already multiple-tax tax policy of the governments in the U.S.

The $500 widget will rapidly assume a $587.50 price. The VAT, just as other corporate taxes, will be passed on to the consumer. The VAT will not just be applied to our $500 widgets. The VAT will be applied to basic necessities. It will be more expensive to survive; or in other words, it will be more difficult to rise above the poverty line. $5 gallons of milk and $2 bread will be a thing of the past. A $50 grocery trip will now be about $60. Sound like a winner to you?

In addition to the higher prices at the check out, the increase in prices will not be in any way transparent. "VAT" will not be a line on your receipt. You won't know how much you are paying in taxes; you'll just know that you're paying more. Through this type of cloaked tax, politicians will be able to talk about how the corporate fat cats aren't paying their "fair share" and you won't have the foggiest idea of how much the fat cats aren't paying because you can't see, and by these types of hidden taxes prevented from seeing, how much of these taxes you are actually paying.


What should we do?

Well certainly, the VAT should be opposed. It is a tool by which politicians will use to hide how much they are actually spending so they can confiscate your wealth without you getting wise to their scam. There is, however, a tax policy that can retain the benefits of the VAT and eliminate the disadvantages. This is the FairTax. The FairTax will be an actual sales tax. You will know how much you are being taxed. There will be a line on your receipt which tells you how much you spent on your taxes. Not only that, but it will not be a tax added to all the other taxes you already pay. Personal & corporate income taxes, Medicare & Medicaid withholdings, Social Security withholdings, self-employment taxes, the alternative minimum tax (AMT), estate taxes, every federal tax; ALL GONE! Your "take home pay" will become your "gross pay!" Not only that, but the additional resources your company allocates to your employment in taxes and government paperwork will be eliminated. Your company will be more efficient and would have the choice to reallocate that money to its employees. So in addition to getting your whole pay check, you could get an additional raise on top of it.

It is less stressful. You don't have to worry about filing your taxes. You don't have to worry about getting audited. April 15th will no longer be a day you have to your government paper work done, submitted, & paid for; but might be an excellent day to find a nice place in the park for a picnic. That sounds pretty stress free to me (depending on your company of course), but how many of you have been told by your health care provider to reduce your stress? It just another additional benefit. And since we're on the topic of not having to file your taxes, how much of you spend on having someone prepare your taxes? How many hours do you spend doing them yourself? You don't have to pay for or spend your time doing any of that stuff again! I do want to suggest to you that the onerous tax laws require you to pay a de-facto tax by paying to have your taxes prepared by a professional, or a tax of your personal time (either at your job, with your family, or other) so that you can become competent in knowledge of tax law and actually filling out your tax return. The cost of compliance is a tax with a different name.

Let's return to the fact that the FairTax is an actual sales tax. Now the VAT has the element of elective taxation that is shared by the FairTax. The FairTax is different from the regressiveness of the VAT is not shared by the FairTax. The FairTax is progressive and not applied to the basic necessities. So, if you don't like what the government is doing; no matter what the percentage of tax is, you can control the purse stings by choosing not to buy anything but the basic necessities. The FairTax will also be limited to the retail market. Although it makes sense to me that the VAT would be collected at the point of retail sales, what about sales of used products at the retail level? Although I am sure there are other examples, the used car market seems the most obvious question. Would the VAT apply to the average elevated value of used vehicles sold at retail dealerships? I don't know, but what I do know is that the FairTax would not. The FairTax only applies to new products at the retail level. If you want to go buy a previously purchased vehicle (or anything else for that matter), you don't pay tax. You pay tax once, that it! Simple.

Although there are a couple good things about the VAT, the disadvantages outweigh the benefits. If we were to enact the FairTax, we would have all of the benefits of the VAT without any of the disadvantages. If you want a more in depth discussion of the FairTax, the link above will take you to FairTax.org, but I severely recommend getting "The FairTax Book" and "The FairTax Book: Answering the Critics." I have read both of them and they are very informative. There are even more benefits to enacting the FairTax which you will read about in those books, but I believe I've covered the basics.

Really agree with what you read? Really disagree? Somewhere in the middle?....Let yourself be heard in the comments!
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Thursday, June 4, 2009

Tennessee Legislature Overides Anti-Gun Veto

This week the Tennessee State Legislature overrode the veto by Governor Phil Bredesen of the gun - alcohol bill. Here are some articles: WATE; CCRKBA.

It is about time. First, I want to say that the law that this veto override will eliminate plus all other legislation and regulations restricting guns are unconstitutional.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The 2nd Amendment is for the purpose of keeping an armed population as to discourage the formation of a tyrannic government through the citizen's access to the tools of war. Anyone who objectively looks and studies the 2nd Amendment will come to the same conclusion. Now after saying that, I do concede that the actions one takes with the weapon can be a subject of legislative authority. If anyone injures the rights of someone else through any means, there should be repercussions. The problem with the Tennessee law that was just repealed is that you can cause injury to no one's rights and be charged with a crime. When governments legislate topics outside of areas regarding the infringement of one's rights, they legislate personal decisions. Analogous to the soon to be repealed law would be laws requiring individuals to go armed or to refrain from wearing clothing of certain colors. These decisions are personal decisions which aught to and must be, in a free society, left to the individual.

Really agree with what you read? Really disagree? Somewhere in the middle?....Let yourself be heard in the comments!
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Thursday, April 16, 2009

TEA Party: Knoxville '09

Yesterday I attended Knoxville's TEA party at the Word's Fair Park near down town Knoxville. Along with me there were about 3,000 people there. I made sure to bring along my camera to take some shots of the people who were there. I'll post some photos of the the more creative/funny costumes and signs people made and wore.

But first I'd like to provide my thoughts on the nature of the tea party. Since yesterday, there have been several reports on the news, most notably Susan Roesgen's report from Chicago on CNN, which describe the TEA parties as being a right wing coordinated invention. This simply is not true. There certainly is an anti-Obama sentiment to the people who showed up, but this also coexisted with an anti-Republican sentiment as well. (If you look in the background of Roesgen's report, you'll see an sign which says, "Republicans Suck Too.") The whole point to why these TEA parties are occurring is that people see a huge intrusion by government on all levels, but most noticeably the Federal level, into the lives and pocketbooks of the citizens. That's it.

The atmosphere contrary to Ms. Roesgen's comments was in no way anything but family-friendly. Everyone I spoke to was courteous and kind. Anyone could have brought their children, and some did, without even the fear of exposing them to profanity. The most family-unfriendly things that I saw was the photos which some anti-abortion people brought.

...although this is somewhat of a digression, but even though I believe abortion outside of certain circumstances is murder, some of the photos people use to progress the anit-abortion discussion should be used with more discretion.

2/17/09 Update:
If you would like to see a video of the Knoxville TEA party go here.


I'll be looking forward to a TEA party next year....AND GOOOOOOOO FAIRTAX!!!!!

Here are some photos from yesterday.

Some Good Signs:




















Some Good Costumes:





Yes, that is a Tax Vampire.

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Wednesday, March 25, 2009

A Breath of Fresh Air from Europe

Hannan's words to P.M. Brown are too good not to share. If you haven't heard this yet or want to listen to it again, here is the video.



If only this caliber of exposition could be more often available here in the U.S. in a measure which is preventative and restorative towards the destruction of our wealth, currency, and liberty rather than one which will eventually be only restorative.

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Saturday, March 21, 2009

The Fairtax Discussed on the House Floor



Go FairTax!!!

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Friday, March 20, 2009

Bailouts, Attainders, & Ex Post Facto

For the last several days, we have had wall to wall coverage about bailouts, bonuses, and an overload of demonization against AIG & it's executives who have taken millions of dollars in bonuses after accepting billions of tax dollars.

Yesterday, the U.S. House of Representatives voted to tax bonus payments of companies who have been given more than $5 Billion in government handouts. So, what's the problem with that? Companies shouldn't be profiting on a taxpayer subsidy. That sounds fair, right? It seems outrageous that a company would accept taxpayer money, and then its upper most echelon line its pockets with the money. I certainly agree it's outrageous. Think of college students (myself included) who's families would like to support them in further scholastic achievement by financing their continued education who cannot because the income which would go to such worthwhile causes is siphoned off by local, state, & federal taxes & fees. Then we see our hard earned money go towards some group of corporate fat-cats who had enough money to buy off a few influential government officials. Think I'm making this up? I don't hold John Stewart as having any debatable serious reporting or commentary stature, but check out 2:58-8:44 of his March 19th show. It's, I believe, fairly accurate and entertaining at the same time.

Honestly, what did you (and I'm talking to all of you who supported TARP & the bailouts specifically) think was going to happen? It was such an emergency that the stimulus spending package be passed in such a short time that no one could read the bill. The very idea that such actions would lead to anything other than corruption is absurd; and in my opinion in this particular legislation, intentional. The whole idea that you tax the citizens to give to entities which don't function in a prosperous manner is inherently backwards. This is the same thing as if AIG, GM, Chrysler, and all the rest who got their hands on tax payer dollars broke into everyone's home and stole what they wanted. (See my comments on mortgages on the force of government for a little more lengthy discussion on this idea.) There is a reason why we didn't buy their services/products to begin with. Let's maybe look at this a different way. I'm a typical person who is watching his money and trying to make it though the recession with as little effect to my finances. Does it make sense to take out a loan to buy a car from GM or Chrysler or possibly go out and give money to AIG out of my finances which, if you are following your grandmother's advice to not spend what you don't have, doesn't exist. That's essentially what the government has done. Ask yourself, does it make sense? Would you do it with your own finances? And just for those of you who think all of this money is coming from the rich, The bailout has increased the U.S. debt limit by $700 Billion. It's not coming from the rich, its coming from our creditors. I don't know about you, but I'd like not to owe China anything let alone make our children beholden to them.

Now as bad as this is, lets put this into perspective. AIG was given $182.5 billion. AIG's people got $165 million in bonuses.

$182,500,000,000
vs.
$165,000,000

Of 182.5 B, $165 M is .09%. Pretty astounding how much difference a few decimal places makes. This means that if someone gave you $100, you would keep ¢9 (that's $0.09) to keep the same percentage. So go ahead, be outraged about the 165 million dollars. Go ahead, be worried about the pennies. Don't think to ask where the rest of it went. I'm sure it doesn't matter.


Now, back to the taxing of the bonuses. As reprehensible as the bonuses are, I cannot see justice being done by taxing the bonuses. There are constitutional issues with taxing the bonuses. Some say there isn't, but I think they might be wrong in some cases.

Here are the general provisions which some say are in contests with taxing the bailouted thieves' bonuses: Bills of Attainder, Ex Post Facto, Contract Clause, & the Fifth Amendment.

I think there may be some validity to the arguments in the above referenced piece in regards to the Contract Clause and the Fifth Amendment; however, I believe the Ex Post Facto & Bills of Attainder provisions in the Article I, Section 9 of the Constitution are clearly in contrast to this type of taxation.

Bills of attainder: Congress is singling out these people. Writing the bills in a broad sense may be a technical way around it, but the problems I see in it is that 1.) it may not be broad enough to pass a challenge in court; 2.) it makes the tax code that much more complicated; & most importantly 3.) the purpose is still the same. Lets say I want something my neighbor has. This thing is really cool, and I don't think he should have it for himself. Even though my representative sympathizes with my plight, he can't do anything because of the prevention of bills of attainder which wouldn't allow him to pass a law singling out the specific neighbor who has that really cool gizmo. Well, my neighbor doesn't have the same street address as I do; what if we write the law that says everyone who has a street address which ends in odd numbers (encompassing the neighbor's address and excluding my own) will be taxed at the cost of the really cool gizmo and such funds be directed to addresses ending in even numbers. Problem solved. Just because this law may be very broad natured, it doesn't remove the fact that I want a bill of attainder passed against my neighbor. Bills of attainder, regardless of how broad, exist as entities of purpose and not domain.

Ex Post Facto: This provision of the Constitution has been debated from the 1700's. The primary area of debate is whether the Ex Post Facto Clause applies to civil law in addition to criminal law. Everyone is familiar with the idea of criminal ex post facto. No one should fear drinking from a clear glass because if drinking from clear glasses were to be outlawed, no one would be subject to the penalties during the time previous to the passage of the laws when such activities were not subject to lawful penalty. No one disputes this, but what if legislatures are allowed to injure its population by passing laws to architect its will when such actions are contrary to agreements between two people? There would be no way to conduct business in any manner which derived it's intention from any expectation of the ability to be free from interference from a legislative body. In such a situation, no agreement can be binding. The Cato Journal has a very in depth piece on the civil application of the Ex Post Facto Clause in which quotes, as I do now, Federalist Paper 44 by James Madison.
Bills of attainder, ex-post-facto laws, and laws impairing the obligation of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. The two former are expressly prohibited by the declarations prefixed to some of the State constitutions, and all of them are prohibited by the spirit and scope of these fundamental charters. Our own experience has taught us, nevertheless, that additional fences against these dangers ought not to be omitted. Very properly, therefore, have the convention added this constitutional bulwark in favor of personal security and private rights; and I am much deceived if they have not, in so doing, as faithfully consulted the genuine sentiments as the undoubted interests of their constituents. The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and lessinformed part of the community. They have seen, too, that one legislative interference is but the first link of a long chain of repetitions, every subsequent interference being naturally produced by the effects of the preceding. They very rightly infer, therefore, that some thorough reform is wanting, which will banish speculations on public measures, inspire a general prudence and industry, and give a regular course to the business of society.


The single problem with all of these issues in the replacement of the spirit & word of the law with the word of the law. The only way one can ignore the laws as they are intended is if they construe the wording to mean what is popular at the moment for the will of those who dismiss the purpose and distort the language of the law. This is why when people quote the Constitution or the law without addressing the Constitution or law's purpose, they do it often with the intention to dilute its meaning. When we hear people speak about the Constitution, how often do we hear the same people quoting the Federalist or Anti-federalist Papers or other documents discussing the purposes of the laws about which they speak? We must be very careful not to accept the law but deny its purpose. I have for some time now argued for a simplification of laws particularly with the tax code, but it is for the same reason as I am arguing now that people should be aware of the purposes for which laws are written. Many of today's problems are those which originate at the contortion of the Constitution and at the abandonment of the purposes of its clauses. This is not to say that the language is irrelevant, but a partner to the law's purpose. The wording of laws originate only from the meaning behind them; and without the meaning from which words are used to construct our laws, they have no purpose. The rule of law can only exist within the continuity of the purpose & language of the law; without which leaves little room to be filled with anything else but the rule of man. It seems that James Madison saw more purpose in the Ex Post Facto Clause than just a criminal application. Funny I don't hear much about Mr. Madison's views on this when someone wants to tax someone else at 90%; and if the government can do it to the people at AIG, who can't they do it to?

Really agree with what you read? Really disagree? Somewhere in the middle?....Let yourself be heard in the comments!
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Saturday, March 14, 2009

No more Carrots, Just Sticks

Rutgers reports that the Senate will be debating their version of the "cramdown" bill already passed by the House earlier this month. The senate bill is not only having more successful opposition from Senate Republicans, but it is also seeing some opposition from the Obama administration in the desire for the bill to be “narrowed” as reported by Dowjones Business News.

For those of you who are not aware of the “cramdown” bill or the “Helping Families Save their Homes Act of 2009,” the U.S. Congress is attempting to pass legislation which would give judges the power to reduce the amount of the principal on mortgages whom have filed for chapter 13 bankruptcy. Chapter 13 bankruptcy is a way for people to have bankruptcy law protections while attempting to pay off their debts. The benefits of a chapter 13 bankruptcies are that the debtor can prevent foreclosure proceedings and make loan payments of smaller amounts among others.

I would like to take a few moments to address those of you who think that the Constitution forbids the government to interfere with private contracts. I have heard this more than once recently, and I want to debunk this. The contract clause, which people cite when talking about how they think the Constitution and its application to contracts, is found in Article I, Section 10:

“No state shall … pass any … law impairing the obligation of contracts…”

The most important phrase in Article I, Section 10 is “No STATE shall.” This means the federal government can do anything it wants to impair the obligation of contracts in regards to ArticleI, Section 10. So for all of you who keep ignorantly yelling, “Contract clause, contract clause,” go reread the Constitution. What should limit the federal government is the clause regarding Bills of Attainder and Ex Post Facto in Section 9.3.

Since the question about the “cramdown” bills isn’t about whether we can, we can't…and we shouldn’t. But what if the Constitution allowed it? Should we then? The whole point of a chapter 13 bankruptcy is restructuring. There is renegotiation on how fast payments are made, but now the principal amount. Let’s follow the money. A (Debtor) goes to B (Lender) and gets money for a loan. A then goes and buys a home. A then doesn’t pay the mortgage payments back to B. A then applies for chapter 13 bankruptcy. The judge says A doesn’t have to pay back 30% of the principal. B just got hosed, right? Nope. You just did. What B will do is raise interest rates for everyone else wanting a loan. You might be able to look at it this way. The 30% example from above is essentially a tax on B (the lender) so A (the debtor) can get a government subsidized home. The problem is that B is a bank (i.e., a business); and as much as people seem to be unaware, businesses don’t pay taxes. The bank will increase interest rates or fees or even possibly make you take out insurance against you defaulting on the loan. No matter what happens, the consumer is footing the bill. I am certainly not a fan of borrowing money, but I don’t want to be on the hook for someone who got in over his or her head and can’t pay their bills.

Another thing that this will do is that it will encourage people to declare bankruptcy. If people see a payday at the end of a bankruptcy, do you think that will cause more or less bankruptcy filings? We have had nothing but increases in bankruptcy filings for years, and we want to make bankruptcy more lucrative for dead beats? Check out some of the statistics from the American Bankruptcy Institute. Carrots and sticks people, carrots and sticks. Personally, I think we aught to take a couple lessons from Singapore, get rid of the carrots, and just use the sticks.

Really agree with what you read? Really disagree? Somewhere in the middle?....Let yourself be heard in the comments!
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Saturday, March 7, 2009

Vehicle Registration Laws of TN, Knox County, & Knoxville

Selections of Tennessee State, Knox County, & Knoxville Laws on Vehicle Registration:

55-4-101. Registration required before operation — Application — Issuance of registration and license plates — Rules and regulations — Temporary permit — Transfer of registration when changing vehicles — Fees — Safety rules for homemade trailers. —

(a) (1) As a condition precedent to the operation of any motor vehicle upon the streets or highways of this state, the motor vehicle shall be registered as provided in this chapter.

(2) The registration and the fees provided for registration shall constitute a privilege tax upon the operation of motor vehicles.

(b) The commissioner shall be, and is constituted, the registrar of motor vehicles and, except as otherwise provided in chapters 1-3, this chapter and chapters 5 and 6 of this title, every owner of a vehicle intended to be operated in this state and required by this chapter to be registered shall, before same is operated, apply to the department for the registration of, and the registration plates for, the vehicle.

(c) Application for registration shall be made, in the manner prescribed by the commissioner on forms provided or approved by the department, to the county clerk of the county of the owner's residence or of a county wherein the vehicle is based or is to be operated, except that a nonresident may apply directly to the department for registration. Any applicant for registration under any allowance or requirement for the apportionment of the fee shall apply to the department.

(d) (1) (A) Upon finding the title to the vehicle or application for the title in order and all fees required under chapters 1-3, this chapter and chapters 5 and 6 of this title duly tendered, the county clerk shall forward the application for registration, together with the proper fee, to the department in the manner provided by law, and the department upon registering the vehicle shall issue or cause to be issued a registration certificate and license plate or plates to the owner; provided, that any person operating a vehicle under the terms of a bona fide lease agreement of not less than ninety (90) days' tenure may, with the written consent of the owner and other reasonable evidence of right to possession of the vehicle as the commissioner may require, apply to the department for, and be issued, registration and plate or plates thereunder.

(B) The lessee-registrant shall be deemed to be the lawful holder of the registration with all rights in and to it as may be provided under this chapter for owner-registrants, except that each application requiring the owner's consent to register shall be accompanied by a fee of two dollars ($2.00) in addition to other fees required by law.

(C) Any requirements in this title to the contrary notwithstanding, the commissioner is authorized to approve registrations and issue the certificates and plates thereunder, and the several county clerks are designated deputies to perform duties in connection with approving registrations and issuing certificates and plates as the commissioner may prescribe; provided, that the commissioner's authority to remove plates to a point of central distribution to the applicants for registration is limited to those issued for freight motor vehicles, other than farm trucks, in weight classes of eighteen thousand (18,000) or more pounds or for vehicles owned by nonresidents and other vehicles as may be registered under a proration program or like plan allowing the apportionment of fees; and provided further, that any clerk taking an application to be forwarded to the department shall likewise be entitled to the fee provided in § 55-6-101(a)(1).

(D) The commissioner is empowered to make all rules and regulations respecting the manner in which applications shall be made and the manner in which any application and fee shall be forwarded to the department.

(E) Notwithstanding any other law to the contrary, the commissioner has the authority to establish a procedure to accept electronically any and all remittances, titling and registration transactions.

(2) The commissioner shall not issue a registration for a vehicle based in a county that has been designated by the Tennessee air pollution control board to have a motor vehicle inspection and maintenance program in order to attain or maintain compliance with national ambient air quality standards, except in accordance with terms and conditions as are established in rules of the board.

(e) The department, in its discretion, may grant a temporary permit to operate a vehicle for which application for registration has been made, where the application is accompanied by the proper fee pending action upon the application by the department.

(f) The registration shall be valid from the time of issuance until the date provided for the annual expiration of registration, except it shall likewise expire upon the prior transfer of any interest by operation of law or otherwise in or pertaining to the vehicles so registered; provided, that upon the registration becoming void by reason of the transfer of ownership, the owner-registrant may, upon application to the department through the county clerk by surrender of the certificate and payment of a fee of one dollar ($1.00) plus the clerk's fee, register another vehicle for the unexpired portion under the same number and be issued a new certificate properly identifying the vehicle to which the license has been transferred. If the vehicle to be registered is of a weight or classification that requires the payment of a higher fee, the applicant must surrender both the certificate and the plate or plates to the clerk, and, upon payment of the amount being the difference between the fees required for the two (2) registrations as of that date, together with the one dollar ($1.00) transfer fee and the clerk's fee, be issued a new certificate of registration and appropriate plate or plates. Further, it shall be allowable for one holding a license as an individual to submit it, under this subsection (f), in application for reassignment to a vehicle which this licensee holds by the entireties with the licensee's spouse. If a vehicle is permanently withdrawn from a proportionally registered fleet and a replacement vehicle is added to the fleet in the same calendar month, the replacement vehicle shall be considered fully registered as provided in this section if the vehicle is registered for a weight equal to or less than the vehicle permanently withdrawn or if the additional registration fee, one dollar ($1.00) transfer fee, and clerk's fee are paid when the replacement vehicle is registered for a weight greater than the vehicle withdrawn. If a vehicle is permanently withdrawn from a proportionally registered fleet and is not replaced by another vehicle in the same calendar month, credit shall be allowed as follows:

(1) The credit shall be a sum equal to the amount paid with respect to such vehicle when it was first proportionally registered in the registration year, reduced by one-twelfth (1/12) for each calendar month or fraction of the calendar month elapsing since the beginning of the registration year;

(2) The credit may be applied against subsequent additions to the fleet or for other additional registration fees assessed; and

(3) In no event shall credit be allowed for fees beyond such registration year, nor shall any such amount be subject to refund.

(g) With the approval of the registrar, a license issued for a vehicle that has been destroyed or necessarily removed from service may be transferred to a replacement vehicle in the same manner and under the same conditions provided under this allowance for the reassignment of registration.

(h) (1) When the registrar has issued two (2) valid registrations for the same vehicle, title to which remains vested in the same person, the second registration being taken only for the purpose of qualifying it for operation under a lawful requirement for proration of the registration fee, a refund may be made of the unused portion of the fee paid for the first issued of the two (2) outstanding registrations, less ten dollars ($10.00). Surrender of both the first certificate of registration and the related license plate, and the submission of any other documentation as the registrar may require, is a prerequisite to the payment of the refund, that shall be proportionate to the number of full months remaining in the registration period when the second registration was taken.

(2) When the registrar has issued a valid registration for a vehicle to a lessee-registrant for the purpose of qualifying it for operation under a lawful requirement for proration of the registration fee, and the bona fide lease agreement pertaining to the vehicle is terminated, the lessee-registrant may transfer the license issued to a replacement vehicle in the same manner and under the same conditions provided under this allowance for the reassignment of registration, or surrender both the certificate of registration and relative license plate and any other documentation as the registrar may require to secure a refund of the unused portion of the fee paid, which shall be proportionate to the number of full months remaining in the registration period for which registration was issued; provided, that the annual license fee for the surrendered license plate is one hundred fifty dollars ($150) or more.

(i) (1) The registrant may surrender the certificate and plate or plates to the department through the county clerk in an application for a registration of some other class or classification for the same vehicle and be issued a new certificate for it, together with appropriate plate or plates, upon the payment of a fee of one dollar ($1.00) and the clerk's fee, and if the new registration requires a higher fee, that amount being the difference in the fees required for the two (2) registrations as of the date of application.

(2) Any person registering a motor vehicle under § 55-4-113, who during the registration year exchanges the original registration for a registration in a lesser class and subsequently desires to register the vehicle in the class of the original registration or some lesser class, may do so upon the payment of a fee of one dollar ($1.00) and the clerk's fee.

(3) In addition to this allowance for the reregistration of the vehicle by reason of some change in its use or design, it shall likewise be permissible for a vehicle to be reregistered, in the same class under the same license number, when the owner, an individual, makes an assignment to self and spouse for the purpose of establishing tenancy to the vehicle by the entireties.

(4) Application under this subsection (i), an exception to the requirement for an original registration, shall be made in the manner described in subdivisions (i)(1)-(3) except the fee shall be two dollars and fifty cents ($2.50) plus the clerk's fee.

(j) The reassignment of registrations as provided in this section shall be allowable among all classifications and, in computing a reassignment fee, the value of the registration being surrendered shall be determined by establishing that amount which would be the fee required for its issuance as of the date of the application for reassignment. Any law to the contrary notwithstanding, no fee shall be charged for the transfer of registration of any motor vehicle to any person acquiring title to the motor vehicle as a result of the death of the spouse of this person if application for transfer is made within one (1) year from the date of the spouse's death.

(k) The owner of a motorized bicycle may, subject to the approval of the commissioner, apply for registration and registration plates for the motorized bicycle. The commissioner shall by regulation provide for the manner in which single applications are to be made and the conditions under which they may be allowed; however, this subsection (k) shall not be construed as granting the commissioner authority to issue registration and plates for motorized bicycles on any basis other than as is required in this chapter. Each applicant for registration under this provision shall be charged the same registration taxes imposed on Class (A) motor vehicles by § 55-4-111.

(l) (1) Trailers, semi-trailers and pole trailers domiciled in Tennessee which are homemade or materially reconstructed, as defined herein, shall not be titled or registered, where required under the provisions of this title, to operate over the roads and highways of Tennessee, unless the department certifies that the trailer, semi-trailer or pole trailer complies with the provisions of § 65-15-113 and with any applicable safety rules and regulations promulgated by the department.

(2) It is unlawful to operate trailers, semi-trailers and pole trailers titled or registered in accordance with this chapter that are subsequently materially reconstructed during the term of the title or registration for the trailer without certification from the department that the reconstructed trailer complies with § 65-15-113 and all applicable safety rules and regulations.

(3) As used is this subsection (l ):

(A) “Homemade” means the construction or assembly of a trailer from new or used parts, using a body or frame not originating from any previously manufactured trailer, and not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles; and

(B) “Materially reconstructed” means substantial alteration or modification made to an original manufacturer's specifications. Substantial alterations or modifications shall be deemed to have occurred if the trailer has undergone a major manufacturing alteration, which has materially changed the original configuration, structure or specifications of basic components of a previously assembled or manufactured trailer.

[Acts 1951, ch. 70, § 40 (Williams, § 5538.140); Acts 1953, ch. 167, § 5; 1955, ch. 52, § 3; 1963, ch. 143, § 5; 1963, ch. 145, § 3; 1963, ch. 156, § 1; 1965, ch. 272, § 1; 1965, ch. 337, § 1; 1970, ch. 549, §§ 1, 2; 1972, ch. 627, § 1; 1973, ch. 234, § 2; 1976, ch. 432, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1979, ch. 247, § 3; T.C.A. (orig. ed.), § 59-401; Acts 1981, ch. 130, § 1; 1986, ch. 798, § 1; 1988, ch. 817, § 3; 1993, ch. 416, § 1; 1995, ch. 305, § 109; 2001, ch. 233, § 1; 2007, ch. 484, § 34; 2008, ch. 1007, § 6.]


55-4-103. Registration plates furnished by department — Form and contents — Size — Replacement plates — Reissue of plates — County name strip — Recycling of plates. —

(f) (1) To promote highway safety and increase visibility and legibility on registration plates, the plates shall be fully reflectorized. The commissioner has the authority to establish specifications covering reflectorization.
(2) In addition to the fee imposed in subdivision (f)(3) and in addition to all other motor vehicle registration fees prescribed by law, there shall be paid to the department the additional fee of seventy-five cents (75¢) at the time of the issuance of registration plates or the renewal thereof.

(3) In addition to all other motor vehicle registration fees prescribed by law, there shall be paid to the department the additional sum of one dollar ($1.00) at the time of the issuance of registration plates or the renewal thereof.

(g) When any plate becomes so mutilated or effaced as to no longer meet the requirements of the law, the holder shall apply to the department for suitable replacement. The commissioner is authorized to promulgate rules and regulations as may be necessary to provide for the replacement of lost or destroyed plates and to collect a fee of ten dollars ($10.00) for each application.


55-4-104. Expiration of certificates and plates — Renewal — Decals — Fees — Renewal of special plates. —

(a) All certificates of registration and registration plates issued under chapters 1-3, this chapter and chapters 5 and 6 of this title shall expire at twelve o'clock midnight (12:00) on March 31 of each year. These certificates of registration and registration plates shall be available for renewal and purchase commencing on March 1 of each year.

(b) There is excepted from application of subsection (a) all of the registration classes for private passenger motor vehicles, motorcycles registered after March 23, 1994, under Class (A) of § 55-4-111, and Class 1 registrations only of the combined farm and limited private trucks classification. The application of the provisions contained in subsection (a) do not apply to registration plates for handicapped drivers, and this subsection (b) for registration renewals at alternative intervals apply to registration plates for handicapped drivers. With respect to these motor vehicles, the commissioner shall establish a system of registration renewals at alternative intervals which will allow for the distribution of the registration workload as uniformly as is practicable throughout the calendar year. Registrations issued under the alternative method are valid for twelve (12) months, and expire on the last day of the last month of the registration period. However, during a transition period, or at any time thereafter when the commissioner shall determine that the volume of work for any given interval is unduly burdensome or costly, either registrations or renewals, or both of them, may be issued for terms of not less than six (6) nor more than eighteen (18) months; provided further, however, that if a motor vehicle or motorcycle owner attests that the owner will be absent from the state during the owner’s annual registration renewal month and all other requirements for registration have been met, then during the ninety-day period immediately preceding the annual registration renewal month, the registration may be renewed for the original registration period. The commissioner shall provide all registration plates, tabs, stickers and other required devices to county clerks at least ninety (90) days prior to each registration period to facilitate such early renewal. The fee imposed for registration of any vehicle under the alternative interval method for a period of other than twelve (12) months shall be proportionate to the annual fee fixed for the vehicle and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢).

(c) (1) Notwithstanding the provisions of subsection (a) to the contrary, the commissioner shall establish a system of registration and registration renewals for vehicles registered pursuant to § 55-4-113, whereby these registration and registration renewals expire one (1) year after the purchase or lease for vehicles that are purchased or leased after July 1, 1996. If registration plates are transferred to these vehicles from a vehicle previously registered pursuant to § 55-4-113, then the fee for the registration plate shall be prorated accordingly.

(2) Certificates of registration, registration plates and renewals of registrations and plates registered pursuant to § 55-4-113, that expire February 28, 1997, are extended until twelve o'clock midnight (12:00) on March 31, 1997. Thereafter renewals of the registration and registration plates shall be in accordance with subsection (a).

(d) (1) Upon proof of the payment of all fees accruing therefor, the commissioner shall have continuing authority to revalidate motor vehicle registration plates for a period of one (1) year at a time, or one (1) or more quarters of a year, and is authorized to supply the county clerks of the several counties with tabs, stickers, or other devices, that shall be affixed to the registration plates revalidated to indicate the period for which these revalidated registration plates shall be valid.

(2) The commissioner shall not issue a registration renewal for a vehicle based in a county that has been designated by the Tennessee air pollution control board to have a motor vehicle inspection and maintenance program in order to attain or maintain compliance with national ambient air quality standards, except in accordance with terms and conditions as are established in rules of the board.


[Acts 1951, ch. 70, § 41 (Williams, § 5538.141); Acts 1959, ch. 307, § 1; 1968, ch. 525, § 1; impl. am. Acts 1970, ch. 420, § 1; Acts 1971, ch. 157, § 1; 1976, ch. 484, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1979, ch. 157, § 1; T.C.A. (orig. ed.), § 59-404; Acts 1981, ch. 15, § 1; 1984, ch. 806, §§ 2, 3; 1987, ch. 434, § 1; 1989, ch. 414, § 1; 1991, ch. 244, § 3; 1993, ch. 416, § 2; 1994, ch. 668, § 1; 1995, ch. 195, § 2; 1996, ch. 839, § 1; 2008, ch. 1196, § 1.]

55-4-105. Renewal certificates and registration plates — Application — Mail order service — Issuance — Replacement of lost registrations — Locations for obtaining renewal. —

(a) (1) Application for renewal certificates of registration and registration plates shall be made by the owner by the surrender of the owner's old certificate of registration or other indicia thereof as the commissioner may authorize to the vehicle and the payment of the required fee for renewal registration.

(2) The office of county clerk may make inquiry into an owner, including, but not limited to, review of driver records for the purpose of establishing an owner's residence or address, before issuing a renewal of registration or a tab, sticker or other device as a prerequisite to payment of wheel or road taxes. Upon request of the office of the county clerk, the department shall provide a current list of the names, drivers' license numbers and addresses of drivers from the requesting county.

(b) The registrar of motor vehicles, or deputy as provided by law, may receive applications for renewal certificates of registration and registration plates and issue the certificates and plates commencing on March 1 of each year.

(c) Each county clerk shall provide a mail order service for the renewal of registrations whereby registrants may apply for and receive the renewal certificates and plates or decals through the United States postal service. Except as otherwise required by law, an application for renewal by mail must be postmarked not later than twenty (20) days before the license expiration date to allow time for processing. Each county clerk may impose a fee of two dollars ($2.00) for the service of handling mail orders of plates and decals.

(d) In the event a plate or decal is lost after issuance and mailing, and before delivery to the registrant, the county clerk shall, as agent for the state, process a replacement registration at no charge upon application and affidavit from the registrant. The county clerk shall verify the registration and date of mailing.

(e) (1) The holder of a valid and outstanding certificate of registration for a noncommercial vehicle shall apply for its renewal through the office of the clerk of the county of the owner's residence. The registration issued for a commercial vehicle may be renewed through the office of the clerk of the county of the owner's principal place of business within the state, or of the county of incorporation in the case of a corporate owner or of any other county in which the owner or corporate owner maintains an office or place of business. Any applicant for the renewal of a registration under which the fee is to be prorated or apportioned and any nonresident applicant for renewal shall, within the discretion of the commissioner, make application directly to the division.

(2) For the purposes of this subsection (e), “commercial vehicle” means any vehicle that is operated in the furtherance of any commercial enterprise; provided, that vehicles registered with Tennessee Association of Realtors new specialty earmarked license plates shall be deemed not to be commercial vehicles.

(3) A violation of subdivision (e)(1) for the renewal of a motor vehicle license in certain locations is a Class C misdemeanor.

(A) If a county wheel tax or like local fee is due and owing to local government for the use of the vehicle, the owner or operator shall, upon conviction, be punished in accordance with a Class B misdemeanor and subject to the fine only.

(B) In instances of violations in which it is found that the wheel tax or local fee has been paid or is not due, the court may, in the event of a conviction, substitute, in lieu of the punishment set forth in subdivision (e)(3)(A), a fine of not less than five dollars ($5.00) nor more than ten dollars ($10.00).

(f) Notwithstanding any law to the contrary, the office of county clerk shall not be required to review the driving record of any owner before issuing a certificate of registration or a tab, sticker or other device as a prerequisite to payment of wheel or road taxes.


[Acts 1951, ch. 70, § 42 (Williams, § 5538.142); Acts 1969, ch. 53, § 1; 1970, ch. 357, § 1; 1971, ch. 157, § 2; 1972, ch. 540, § 7; 1973, ch. 5, § 1; 1973, ch. 234, § 1(b); 1977, ch. 23, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 59-405; Acts 1980, ch. 744, § 1; 1989, ch. 136, § 2; 1989, ch. 218, § 1; 1989, ch. 591, § 113; 1991, ch. 232, § 1; 1993, ch. 529, § 1; 2003, ch. 178, §§ 1, 2; 2008, ch. 924, § 5; 2008, ch. 1165, § 38.]

55-4-107. Lost, mutilated or illegible certificates — Replacement — Fee. —

In the event any certificate of registration is lost, mutilated or becomes illegible, the owner of the vehicle for which the certificate was issued, as shown by the records of the county clerk for the county where the vehicle was registered, or the owner's legal representative, shall immediately make application for and obtain a replacement certificate of registration upon the payment of the fee provided in § 55-6-104.

[Acts 1951, ch. 70, § 43 (Williams, § 5538.143); impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 59-407.]



55-4-108. Signing registration certificate — Carried in vehicle or on driver's person — Display — Exception. —

(a) Every certificate of registration shall at all times be carried in the vehicle to which it refers or shall be carried by the person driving, or in control of the vehicle, who shall display the certificate upon demand of any officer or employee of the department. The owner may, in order to ensure its safekeeping, provide a duplicate or facsimile of the certificate of registration to be kept in the vehicle for display by any person who may legally operate the vehicle under the owner's registration.

(b) The provision of subsection (a) requiring that a certificate of registration be carried in the vehicle to which it refers, or by the person driving the vehicle, shall not apply when the certificate of registration is used for the purpose of making application for renewal of registration or upon a transfer of the vehicle.

(c) A violation of this section is a Class C misdemeanor.

55-4-109. Number of plates — Issuance. —

In registering any motor vehicle, the county clerk shall cause to be issued one (1) registration plate.

[Acts 1951, ch. 70, § 45 (Williams, § 5538.145); Acts 1953, ch. 167, § 6; 1955, ch. 52, § 4; 1959, ch. 26, § 1; 1975, ch. 128, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 59-409.]

55-4-110. Display of registration plates — Manner — Penalty for violation. —

(a) The registration plate issued for passenger motor vehicles shall be attached on the rear of the vehicle. The registration plate issued for those trucks with a manufacturer's ton rating not exceeding three-quarter (¾) ton and having a panel or pickup body style, and also those issued for all motor homes, regardless of ton rating or body style thereof, shall be attached to the rear of the vehicle. The registration plate issued for all other trucks and truck tractors shall be attached to the front of the vehicle. All dealers' plates, as provided in § 55-4-221, and those registration plates issued for motorcycles, trailers or semitrailers shall be attached to the rear of the vehicle.

(b) Every registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so to prevent the plate from swinging and at a height of not less than twelve inches (12²) from the ground, measuring from the bottom of the plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible. No tinted materials may be placed over a license plate even if the information upon the license plate is not concealed.

(c) (1) A violation of this section is a Class C misdemeanor. All proceeds from the fines imposed by this subsection (c) shall be deposited in the state general fund.

(2) A person charged with a violation of this section may, in lieu of appearance in court, submit a fine of ten dollars ($10.00) for a first violation, and twenty dollars ($20.00) on second and subsequent violations to the clerk of the court that has jurisdiction of the offense within the county in which the offense charged is alleged to have been committed.


[Acts 1951, ch. 70, § 46 (Williams, § 5538.146); Acts 1953, ch. 167, § 7; 1955, ch. 52, § 5; 1957, ch. 108, § 1; 1959, ch. 26, § 2; 1973, ch. 234, § 3; 1974, ch. 525, § 2; 1975, ch. 128, § 2; T.C.A. (orig. ed.), § 59-410; Acts 2004, ch. 698, §§ 1, 2.]


55-4-111. Registration fees — Classification of vehicles — Registration taxes. —

(a) (1) In order to facilitate efficient and uniform enforcement of chapters 1-3, this chapter and chapters 5 and 6 of this title, motor vehicles, excepting such motor vehicles as are constructed for the purpose of transporting tangible personal property or other property, and passenger motor vehicles operating for hire, are classified, and the respective registration taxes imposed are fixed as follows:

(2) Notwithstanding any law to the contrary, the first one dollar ($1.00) of each registration fee imposed by subdivision (a)(1) shall be paid into the state treasury and credited to the police pay supplement fund.

(b) (1) Upon receipt of an application on a form prescribed by the commissioner, applying for registration and certifying that the motor vehicle for which registration is being applied is an “antique motor vehicle,” the commissioner may issue license plates to owners of antique motor vehicles in accordance with the provisions of part 2 of this chapter. These license plates shall bear the word “ANTIQUE” in capital letters at the bottom of their plate, and a unique identifying number in the center of the plate. For the purpose of this section, “antique motor vehicle” means a motor vehicle over twenty-five (25) years old with a nonmodified engine and body that is used for participation in club activities, exhibits, tours, parades, and similar uses as a collector's item, and that may be used for general transportation only on Saturday and Sunday.

(2) This registration shall be valid so long as title to the antique motor vehicle is vested in the applicant, and shall not be subject to the provisions of this chapter requiring annual registration.

(3) Any person violating this section, or operating an antique motor vehicle for general transportation purposes on a day other than Saturday or Sunday, shall forfeit the antique motor vehicle registration, shall be liable for the regular registration fee for that vehicle, and shall be barred from applying for or holding antique motor vehicle registration for five (5) years from the date of the violation.

(4) The owner or lessee of an antique motor vehicle may display the license plates from an era when the manufacture of such vehicle occurred instead of the current license plates; provided, that current license plates are maintained in the vehicle by the owner or lessee and produced for inspection upon the request of any law enforcement officer.

(5) The department shall permit owners of antique motor vehicles to register an official license plate issued by the state from an era when the manufacture of the vehicle occurred instead of registering for new license plates in accordance with part 2 of this chapter. The vintage license plate shall be displayed on the motor vehicle in accordance with this chapter.

(c) (1) This section shall not apply to trailers:

(A) Owned by farmers and used for agricultural purposes or hauling livestock between farm and market;

(B) Used for the transportation of boats or drawn by an automobile or truck, unless the owner desires to be registered;

(C) Used in the furtherance of a business; or

(D) That are truck trailers registered under § 55-4-113.

(2) This section shall apply to house trailers and rented trailers as defined in this section and to any personal trailer, including a trailer used for the transportation of boats or other trailer or semitrailer drawn by an automobile, that is not required to be registered but that the owner desires to be registered.

(d) Each person engaged in the business of renting trailers of any description to others for a consideration may register each trailer, for a period of ten (10) years, and annually pay the registration fee; provided, that every owner of automobile utility trailers engaged in the business of leasing such trailers in interstate as well as intrastate commerce shall register with the commissioner that the person is so engaged in the business of leasing such trailers in interstate as well as intrastate commerce, and shall furnish proof to the commissioner that the person has registered in the state, a number of trailers equal to the average number of automobile utility trailers operated by this person during the preceding licensing year in and through this state. Thereafter, all such trailers properly identified as belonging to the registered person and licensed in any state, territory, province, country or the District of Columbia shall be permitted to operate in this state on an interstate and intrastate basis. For the purpose of interstate and intrastate reciprocal provisions of this chapter, the utility trailers shall be classified the same as private passenger automobiles and extended the same privileges. The burden of submitting verifiable data as to the average number of trailers operating during the preceding licensing year in and throughout this state shall be on the trailer owner. The commissioner's determination in and through the state during the preceding licensing year shall be final.

(e) Only one (1) registration plate shall be issued for trailers.

(f) For the purposes of this section, “mobile home” or “house trailer” is a trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on streets and highways, or whose chassis and exterior shell are designed and constructed for use as a house trailer, but which is used instead for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or for distribution by a private carrier.


[Acts 1951, ch. 70, § 83 (Williams, § 5538.183); Acts 1953, ch. 167, § 17; 1955, ch. 10, § 1; 1955, ch. 52, §§ 6, 7; 1957, ch. 250, § 1; 1957, ch. 388, § 1; 1961, ch. 336, § 1; 1963, ch. 143, § 7; 1963, ch. 145, §§ 1, 3; 1965, ch. 48, § 1; 1965, ch. 269, § 1; 1965, ch. 283, § 1; 1967, ch. 218, § 1; 1973, ch. 234, § 4; 1974, ch. 735, § 1; 1978, ch. 786, § 1; T.C.A. (orig. ed.), § 59-421; Acts 1984, ch. 966, § 10; 1985, ch. 283, § 2; 1985, ch. 402, § 6; 1985, ch. 461, § 1; 1986, ch. 804, § 8; 1987, ch. 446, § 8; 1988, ch. 816, § 1; 1991, ch. 13, § 1; 1994, ch. 603, § 1; 1994, ch. 662, § 1; 1995, ch. 282, § 1; 1999, ch. 98, §§ 1, 2; 2001, ch. 4, § 1; 2002, ch. 620, § 1; 2002, ch. 747, § 4; 2002, ch. 856, § 8a; 2006, ch. 910, §§ 1, 2; 2007, ch. 142, §§ 1, 2; 2007, ch. 601, § 1; 2008, ch. 959, § 3.]


55-4-118. Transfer of registered vehicle by owner — Death of owner. —

(a) Whenever the owner of a registered vehicle transfers or assigns the owner's title or interest to the vehicle, the registration of the vehicle shall expire.

(b) The owner shall remove the registration plate or plates from the vehicle and may have the plates assigned to another vehicle, as provided in § 55-4-101, except upon the death of the owner of a registered vehicle, the registration shall remain in effect until the end of the license year unless the ownership passes or is transferred to a person other than the surviving spouse before the end of that year.

[Acts 1951, ch. 70, § 47 (Williams, § 5538.147); Acts 1953, ch. 167, § 8; 1955, ch. 52, § 12; 1963, ch. 328, § 1; T.C.A. (orig. ed.), § 59-433.]


55-4-131. Notice of change of address. —

(a) Whenever any person, after applying for or receiving a title or registration, moves from the address named in the application or title or registration, or when the name of an applicant is changed for any reason, the person shall within ten (10) days thereafter, notify the department of the change or changes.

(b) A violation of this section is a Class C misdemeanor.

[Acts 1999, ch. 98, § 14.]


Knoxville Ordinances

Sec. 17-205. Driver's license or learner's permit required; registration required.No person shall operate a motor vehicle on the public streets of the city or property owned by or leased to the city's community development corporation unless said vehicle is registered in compliance with the laws of the state of residence of the owner of said vehicle, and proof of said registration is in the possession of the operator of said vehicle, and a license plate or other identification is displayed on said vehicle in accordance with Title 55, Part 4 of the Tennessee Code.

Sec. 17-209. Attachment of plates.
(a) No person shall operate a motor vehicle on the public streets of the city or property owned by or leased to Knoxville's Community Development Corporation unless such vehicle is equipped with a registration plate in accordance with Title 55, Part 4 of the Tennessee Code. Every registration plate shall be positioned as set forth in Tenn. Code Ann. § 55-4-110 and shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so to prevent the plate from swinging and at a height of not less than twelve (12) inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible.
(b) It shall be unlawful for any person to operate any vehicle with any cover, lens or tinting material of any type over a registration plate, or to use any substance that has the effect of altering the reflectivity of a registration plate, even if the information upon such license plate is not concealed. Frames without covers or lenses may be used on registration plates only if the frames do not obscure identifying letters or numbers or any renewal or other sticker required by law to be displayed on the plate and the plates can be plainly seen and read at all times.
(Ord. No. O-37-05, § 1, 2-1-05)


Knox County Charter

ARTICLE I. IN GENERAL

Sec. 58-1. Motor vehicle registration fee.
(a) For the privilege of using the public roads and highways in the county, there is levied upon motor-driven vehicles, and upon the privilege of the operation thereof, except motor-driven bicycles and scooters, farm tractors, self-propelled farm machines not usually used for operation upon public highways or roads, and motor-driven vehicles owned by any governmental agency or governmental instrumentality and except for other exemptions provided by general law, a special privilege tax for the benefit of such county, which tax shall be in the amount of $36.00 for each such motor-driven vehicle, the owner of which resides within said county.
This tax applies to, is a levy upon, and shall be paid on each motor-driven vehicle, the owner of which resides within said county.
Owners of vehicles subject to the registration tax under this section, who have reached the age of 65 years or older on or before the date that the vehicle registration is due, and who's annual income from all sources is equal to or less than $12,500.00 per year for the 2003 tax year, shall be exempt from payment of the first $30.00 of the tax imposed by this section. Thereafter, such annual income limit shall be adjusted to reflect the cost of living adjustment for social security recipients as determined by the social security administration and shall be rounded to the nearest $10.00. The income attributable to the applicant for tax relief shall be the income of all owners of the vehicle. Any portion of social security income, social security equivalent railroad retirement benefits, and veterans entitlements required to be paid to a nursing home for nursing home care by federal regulations shall not be considered income to an owner who relocates to a nursing home.
Owners of vehicles subject to the registration tax under this section, who have been certified as totally disabled by the Social Security Administration or the U.S. Veteran's Administration, and whose annual income from all sources is equal to or less $12,500.00 per year for the 2003 tax year, shall be exempt from payment of the first $30.00 of the tax imposed by this section. Thereafter, such annual income limit shall be adjusted to reflect the cost of living adjustment for social security recipients as determined by the social security administration and shall be rounded to the nearest $10.00. The income attributable to the applicant for tax relief shall be the income of all owners of the vehicle. Any portion of social security disability income and/or veteran's entitlements required to be paid to a nursing home for nursing home care by federal regulations shall not be considered income to an owner who relocates to a nursing home.
School buses under contract with the county board of education shall be exempt from the vehicle registration tax provided under this section.
Residents of the county who hold a valid and outstanding certificate of registration for a noncommercial vehicle shall apply for its renewal through the office of the clerk of the county. Any county resident who registers a non-commercial vehicle in any county other than the county shall be subject to a fine of $50.00, plus court costs. Registration of commercial vehicles shall be consistent with state law, and improper registration to avoid payment of the county vehicle registration tax shall subject the owner of such vehicle upon conviction to the payment of a fine of $50.00.
(b) The tax herein levied shall be paid to and collected by the county clerk, who is authorized by T.C.A. § 67-4-103, to collect such privilege taxes. The county clerk shall collect this tax at the same time he or she collects the state privilege tax levied upon the operation of a motor-driven vehicle over the public highways of this state. The county clerk shall deduct a fee of five percent as authorized in T.C.A. § 8-21-701(55), from the amount of taxes collected and paid over to the county trustee.
(c) Payment of the privilege tax imposed hereunder shall be evidenced by a receipt, issued in duplicate by the county clerk, the original of which shall be kept by the owner of the motor-driven vehicle.
(d) The privilege tax or wheel tax herein levied, when paid together with full, complete, and explicit performance of and compliance with all provisions of this resolution, by the owner, shall entitle the owner of the motor-driven vehicle for which said tax was paid to operate or allow to be operated such vehicle over the streets, roads, and highways of the county for a period of one year which will run concurrently with the period establishment for the state registration fees by T.C.A. § 55-4-104.
In the event the wheel tax is paid to the clerk for a period of more or less than a calendar year, the tax imposed shall be proportionate to the annual tax fixed for the vehicle and modified in no other manner, except that the proportional tax shall be rounded off to the nearest quarter of a dollar.
(e) In the event any motor-driven vehicle for which the wheel tax has been paid becomes unusable or is destroyed or damaged to the extent that it can no longer be operated over the public roads, streets or highways of said county; or in the event that the owner transfers the title to such vehicle, and the owner makes proper application to the clerk for the issuance of a duplicate receipt to be used by such owner on another vehicle for the unexpired term for which the original receipt was issued, and the clerk is satisfied that the applicant is entitled to the issuance of such a duplicated receipt and the owner pays into the hands of the clerk the sum of $36.00, the clerk will then issue to such owner a duplicate receipt, canceling the original receipt delivered to the clerk by the owner, and such duplicate receipt shall entitle the owner to operate or allow to be operated the vehicle upon the streets, roads and highways of said county for the remainder of the period for which the original receipt was issued. Likewise, in the event a receipt becomes defaced or is destroyed and is therefore illegible and unusable by the owner, upon proper application made by the owner and filed with the clerk, showing such circumstances and facts to be true, then the clerk, upon receipt from the owner of $36.00 may issue and deliver to the owner, a duplicate receipt.
(f) This resolution shall have no effect unless it is approved by a two-thirds vote of the county legislative body at two consecutive regularly scheduled meetings.
(g) For the purpose of approving or rejecting the provisions of this section, it shall be effective upon being approved by a two-thirds vote of the county legislative body at two consecutive regular meetings. For the purpose of collection of the tax herein levied such collection shall begin on the first day of July, 2003, unless this section is subject to a referendum election pursuant to T.C.A. § 5-8-102, whereupon the collection of the tax herein levied shall begin on the first day of the month following the month that this section is approved at a referendum.
(Ord. No. O-03-5-101, §§ 1--7, 6-23-03; Ord. No. O-04-5-101(A), §§ 1--6, 6-28-04)
How often do you read through these regulations before purchasing a car? How much of this do/could you understand? How sure are you that you follow all of them? What would happen if you didn't? Do you think all of this is necessary to buy a car?...or might it be necessary to make taxes less transparent in order to make you pay more to the government?

Really agree with what you read? Really disagree? Somewhere in the middle?....Let yourself be heard in the comments!
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