Private Acts of 1976 Chapter 251

SECTION 1.  For the privilege of using the public roads, except state-maintained roads, in Greene County, there is levied on the privilege of operating motor-driven vehicles, (including motorcycles and motor-driven bicycles and scooters, but excluding farm tractors, self-propelled farm machines not usually used on public highways or roads, and all government owned motor-driven vehicles) a special privilege tax for the benefit of the county, of ten dollars ($10.00).

This tax shall be paid by the owner of each motor-driven vehicle, operated on the roads of Greene County, state-maintained roads excluded, at least thirty (30) days each year.

SECTION 2.  It shall be a misdemeanor for any owner of a vehicle taxable hereunder to operate such vehicle upon the streets, roads or highways of the county, state-maintained roads excluded, unless the provisions of this act are met.  Provided further that nothing in this act shall be construed as permitting the levy and collection of a tax against non-residents of Greene County who do not come within the provisions of this act.

Any new resident of Greene County shall be allowed thirty (30) days after establishing his residence in the county within which to comply with the provisions of this act.

SECTION 3.  The tax herein levied shall be collected by the County Court Clerk of Greene County, who shall collect this tax at the same time he collects the state privilege tax levied upon the operation of a motor-driven vehicle over the public highways of this state.  The clerk shall not issue to a county resident a state license for the operation of a vehicle taxable hereunder unless, at the same time, the owner pays the privilege tax levied hereunder.

SECTION 4.  Payment of the tax shall be evidenced by a receipt, issued in duplicate by the clerk, the original of which shall be kept by the vehicle owner and by a decal or emblem also issued by the clerk, which shall be affixed on the lower right-hand side of the vehicle windshield.  Provided, however, that the privilege tax decal for motorcycles, motor-driven bicycles, and scooters shall be placed on the top portion of the gasoline tank, but is such tank is not visible then on any prominent and visible portion of that vehicle.

SECTION 5.  The design of the decal or emblem shall be determined by the county court clerk.  The expense incident to the purchase of such decals and emblems herein required, as well as the expense of obtaining proper receipts and other records necessary for the performance of the duties herein incumbent upon the clerk shall be paid from the general fund of the county.

SECTION 6.  When this tax is paid and the provisions of this act complied with by the owner, he shall be entitled to operate the taxed, decal bearing, vehicle in the county for a period of one (1) year from March 1st of each year until midnight on the last day of February of the next succeeding year.  There shall be a grace period of forty-six (46) days to commence on March 1st of each year and end at midnight on April 15th to allow for the purchase of new emblems and decals.

When a vehicle becomes taxable under this act, at a later date than the above required date, the same proportionate reduction in cost shall be made, as is not made in the issuance of the privilege tax payable to the state and collected by the clerk, under the provisions of the general law.

SECTION 7.  For his services in collecting the tax, and in issuing the receipt therefor and delivering the decal or emblem to the owner, the clerk shall be entitled to a fee of fifty cents (50¢) for each vehicle, motorcycle, motor-driven scooter and bicycle, it being the legislative intent that the clerk's fee equal not more than five percent (5%) of the amount of tax paid; and further provided that this fee shall be deducted from the amount of wheel tax paid.  The clerk will faithfully account for, make proper reports of, and pay over to the county trustee at monthly intervals, all funds received by him for the payment of the tax.

SECTION 8.  In the event any vehicle for which the wheel tax has been paid and the emblem or decal issued and placed thereon, becomes unusable to the extent that it can no longer be operated over public roads; or in the event that the owner transfers the title to such vehicle, and completely removes therefrom and destroys the decal or emblem, and the owner makes proper application to the clerk for the issuance of a duplicate decal or emblem to be used by him on another vehicle for the unexpired term for which the original decal or emblem was issued, and the clerk is satisfied that the applicant is entitled to the issuance of such a duplicate decal or emblem, and the owner pays into the hands of the clerk the sum of two dollars ($2.00) the clerk will then issue to such owner a duplicate receipt, canceling the original receipt delivered to him by the owner, and will deliver to the owner a duplicate decal or emblem, which shall be affixed to the vehicle for which it is issued, as herein provided, and such duplicate decal or emblem shall entitle the owner to operate or allow to be operated the vehicle upon the county roads for the remainder of the period for which the original decal or emblem was issued.  Likewise, in the event a decal or emblem becomes obliterated, erased, or defaced, or is destroyed under the provisions of this act, 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 two dollars ($2.00) may issue and deliver to the owner a duplicate decal or emblem.

SECTION 9.  The proceeds of this tax shall be deposited in the county general debt service fund to be used for retirement of county debt, or in such other fund as the County Legislative Body may determine by resolution.

As amended by:

Private Acts of 1996, Chapter 175

SECTION 10.  Any person violating the provisions of this act, upon conviction, shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).

SECTION 11.  The tax herein levied shall be collected beginning March 1, 1977, and each subsequent year thereafter.

SECTION 12.  If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.

SECTION 13.  This act shall have no effect unless it is approved by a two-thirds (⅔) vote of the Quarterly County Court of Greene County before September 1, 1976.  Its approval or nonapproval shall be proclaimed by the presiding officer of the quarterly county court and certified by him to the Secretary of State.

SECTION 14.  For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it.  For all other purposes, it shall become effective upon being approved as provided in Section 13.

Passed:  March 10, 1976.