Tennessee § 55-6-105 - Duties of county clerk — Penalties for delinquencies.

§ 55-6-105. Duties of county clerk — Penalties for delinquencies.

In addition to the powers and duties heretofore devolved upon the county clerk, it is the clerk's duty to: Ascertain the names of the owners of all vehicles required to be registered by the terms of chapters 1-6 of this title in the clerk's county, and issue distress warrants against the owner operating the vehicle in violation of chapters 1-6 of this title after April 1 of the year for which the tax in question may be due. In the case of the issuance of these distress warrants, the clerk shall be entitled to collect the fees now provided by law for the issuance of distress warrants; Take registration applications from the owner of any vehicle designated in chapters 1-6 of this title; Collect the fees due the clerk or due any department or division of the state provided for in chapters 1-6 of this title to be collected by the clerk; Distribute the registration plates, which shall be provided by the department, and keep a complete record of all motor vehicles registered in the clerk's county; Forward all applications for certificates of title received by the clerk, together with the original copy of the certificate of registration or transfer certificate of registration issued by the clerk to the department within five (5) working days from when the applications are filed with the clerk and the certificate of registration or transfer certificate of registration issued by the clerk; provided, that an additional five (5) working days shall be allowed for any clerk that issues certificates of title for the state under contract with the state. All applications, certificates and other forms, documents or information required by this subdivision (a)(5) to be forwarded to the department may be electronically scanned and forwarded to the department by electronic means; Notify the department of the surrender of all certificates of registration and registration plates on the same day upon which the certificates of registration and registration plates shall be surrendered to the clerk; Remit and report, not later than the tenth day of each month, to the department all moneys collected by the clerk on behalf of the department under chapters 1-6 of this title for the titling and registration of vehicles made during the calendar month preceding the date of the report. In the case of those vehicles to be registered by the department, the clerk shall forward the application for registration in a timely manner to the department. All reports, applications, and other forms or documents required by this subdivision (a)(7) to be forwarded to the department, or any other listings pertaining to such documents that may be required by the commissioner, may be electronically scanned and forwarded to the department by electronic means; Account to the department for all registration plates so consigned to the clerk; and A county clerk 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. Any county clerk who is delinquent as much as two (2) days in forwarding the applications for certificate of title, the original copies of the certificates of registration, transfers of registration and surrenders of registrations to the department, or as much as ten (10) days in making the report hereinabove required to be made to the department, commits a Class C misdemeanor. Each day constitutes a separate offense. If any clerk is delinquent as much as ten (10) days in making the remittance required under subdivision (a)(7), there shall be added to the amount of the remittance due a penalty of five percent (5%) of the amount, except that the commissioner shall have the authority to waive the penalty or relieve the clerk of payment of the amount of the penalty. Acts 1951, ch. 70, § 62 (Williams, § 5538.162); Acts 1953, ch. 167, § 13; impl. am. Acts 1959, ch. 9, § 14; Acts 1963, ch. 156, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; modified; T.C.A. (orig. ed.), § 59-605; Acts 1989, ch. 591, § 113; 1993, ch. 416, § 3; 1996, ch. 687, § 2; 2007, ch. 484, § 76; 2014, ch. 553, § 1; 2014, ch. 718, §§ 6, 7. Code Commission Notes. The amendment by Acts 2014, ch. 553 amended the last sentence of subdivision (a)(7) by deleting “carbon” preceding “copy of the certificate of registration” effective from March 17, 2014 until April 16, 2014, when it was rewritten by Acts 2014, ch. 718. The last sentence of subdivision (a)(7) is set out as amended by ch. 718. Cross-References. Applicability, § 55-4-130 . Penalty for Class C misdemeanor, § 40-35-111 . Law Reviews. Tennessee Legislature Solves Secured Lender's Dilemma (David M. Smythe), 20 Tenn. B.J. 27 (1984).