12-2-201 - Sale authorized Sales to governmental entities Duties of commissioner of general services.
12-2-201. Sale authorized Sales to governmental entities Duties of commissioner of general services.
(a) The commissioner of general services is hereby authorized to dispose of at public sale, or to a governmental entity in accordance with the requirements of § 12-2-407, all motor vehicles and intoxicating beverages which have been seized and confiscated by any duly authorized agent, employee, or representative of certain departments and agencies of the state of Tennessee; to wit, the alcoholic beverage commission, department of safety, and wildlife resources agency, including any such seizure and confiscation made by any sheriff, deputy sheriff or constable of any county, when any such motor vehicle or intoxicating beverage shall have been used, owned or possessed in violation of any of the laws of the state of Tennessee, relating to intoxicating liquors, or shall have been used, owned or possessed in violation of any of the laws relating to narcotics and contraband drugs, or when the same shall have been used, owned, or possessed in violation of certain game and fish laws, the intoxicating liquor laws being chapter 49 of the Public Acts of 1939, as amended, and compiled in title 57, chapter 3, parts 1-4, as well as chapter 119 of the Public Acts of 1941, as amended, compiled in title 57, chapter 9, part 2, and chapter 50 of Public Acts of 1919, as amended by § 57-9-115, the narcotic and contraband drug laws being chapter 83 of the Public Acts of 1955, as amended, compiled in §§ 53-11-201, 53-11-203 and 53-11-204, and the game and fish laws being chapter 115 of the Public Acts of 1951, as amended, compiled in §§ 70-6-202 70-6-206 [70-6-203 70-6-206 repealed].
(b) (1) Notwithstanding any provision of the law or this chapter to the contrary, in the sale of motor vehicles to governmental entities in accordance with the provisions of § 12-2-407, it is the duty of the commissioner of general services to:
(A) Determine the place of storage and the location of the sale of such motor vehicles;
(B) Determine, in lieu of the provisions of § 12-2-205, the fair market value of such vehicles to be sold;
(C) Set the percentage of the sale price to be retained by the department to defray the costs of administering the sale and such percentage may exceed the amount provided in § 12-2-207(a);
(D) (i) Enter notice of the intended disposal by public sale in at least one (1) newspaper of general circulation in the county or counties in which the disposal is to be made;
(ii) Include in such advertisement the manner in which interested parties can obtain information regarding the make, model, condition and options which may be on a vehicle; and
(iii) Post printed public notices in at least two (2) public places in the county in which the vehicle was seized and confiscated, with one (1) of the public places to be the courthouse; and
(E) Promulgate rules and regulations for the implementation of the provisions of this section.
(2) For such sales, the provisions of § 12-2-202(b) do not apply. Notwithstanding the provisions of any law or § 12-2-208 to the contrary, any state, city or county officer, employee or such person's agent may buy or offer to buy motor vehicles when such purchase is in the name of and for the use of a governmental entity.
[Acts 1959, ch. 303, § 1; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1963, ch. 257, §§ 11-32, 34-49; impl. am. Acts 1963, ch. 258, §§ 2, 3; impl. am. Acts 1963, ch. 259, § 2; impl. am. Acts 1972, ch. 543, § 7; impl. am. Acts 1974, ch. 481, §§ 4, 6; T.C.A., § 12-219; Acts 1991, ch. 460, § 1.]