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March 8, 2024 HB 24-1064
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0284
Rep. Wilson
Date:
Bill Status:
Fiscal Analyst:
March 8, 2024
House Finance
Nina Forbes | 303-866-4785
nina.forbes@coleg.gov
Bill Topic: GADSDEN FLAG DON’T TREAD ON ME LICENSE PLATE
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill creates the Gadsden flag "Don't Tread on Me" license plate. It increases state
and local revenue and state expenditures on an ongoing basis.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $18,329 to the Department of
Revenue.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 24-1064
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue Cash Funds $98,635 $106,954
Expenditures Cash Funds $18,329 $19,910
Transfers - -
Other Budget Impacts TABOR Refund $98,635 $106,954
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March 8, 2024 HB 24-1064
Summary of Legislation
The bill creates the Gadsden flag "Don't Tread on Me" license plate. The license plate will be
available to all applicants that pay three one-time fees of $25, one of which will be credited to
the State Charter School Debt Reserve Fund. It will be available January 1, 2025, or when the
department is able to issue the plates.
Background
DRIVES programming. The Division of Motor Vehicles (DMV) in the DOR uses its Driver
License, Record, Identification and Vehicle Enterprise Solution (DRIVES) information technology
system for all driver license and motor vehicle transactions. The DRIVES system requires an
extensive 18-month upgrade which is scheduled to take place from July 1, 2024, through
March 31, 2026. As a result, the DOR has requested that any new legislation requiring DRIVES
programming have an effective date of April 1, 2026, with roll-forward spending authority
through FY 2026-27, noting that each programming requirement during the system upgrade
period may increase the overall project timeline. Based on the current effective date in the bill,
the fiscal note includes costs for the DRIVES programming to take place twice—in the existing
and new system.
Assumptions
Demand for this new plate is assumed to be similar to the demand for the Pueblo Chile license
plate. For the Pueblo Chile license plate, 1,160 plates were issued in the first year of availability
and 1,248 were issued in the second year.
State Revenue
The bill is anticipated to increase cash fund revenue by $98,635 FY 2024-25 and $106,954 in
FY 2025-26 and future years, as shown in Table 2. This revenue is subject to TABOR.
Table 2
State Revenue Under HB 24-1064
FY 2024-25
FY 2025-26
License Plate Sets Issued 1,160 1,248
Highway Users Tax Fund ($25) $29,000 $31,200
DRIVES Cash Fund ($25) $29,000 $31,200
State Charter School Debt Reserve Fund ($25) $29,000 $31,200
License Plate Cash Fund ($10.03 in FY 2024-25, $10.70 in FY 2025-26) $11,635 $13,354
Total Revenue $98,635 $106,954
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March 8, 2024 HB 24-1064
Standard license plate fees. Upon registration, all vehicle owners must pay a plate and tab
production fee of $10.03 for a digital passenger vehicle plate set in FY 2024-25 and $10.70 the
following year. All specialty plates are manufactured as digital plates, and the fiscal note
assumes motorcycle issuance will be minimal. Fees from plate and tab production are credited
to the License Plate Cash Fund (LPCF).
Special license plate fees. Applicants for the Gadsden flag special license plate are also
required to pay an additional $75 in one-time fees, of which $25 is credited to the Highway
Users Tax Fund (HUTF), $25 is credited to the DRIVES Cash Fund, and $25 is credited to the State
Charter School Debt Reserve Fund.
Colorado Department of Transportation. Of the HUTF revenue generated under this bill,
65 percent is credited to the State Highway Fund (SHF) for expenditure by the department,
26 percent is credited to counties, and 9 percent is credited to municipalities. Table 3 outlines
the estimated distribution of HUTF revenue generated under this bill.
Table 3
Estimated HUTF Distributions Under HB 24-1064
FY 2024-25 FY 2025-26
State Highway Fund (65 percent) $18,850 $20,280
Counties (26 percent) $7,540 $8,112
Municipalities (9 percent) $2,610 $2,808
Total HUTF Distribution $29,000 $31,200
State Expenditures
Expenditures in DOR will increase by $18,329 in FY 2024-25, and by $19,910 in FY 2025-26 and
future years, as shown in Table 4. Spending from the State Highway Fund by the Department of
Transportation will also increase.
Table 4
Expenditures Under HB 24-1064
FY 2024-25 FY 2025-26
Department of Revenue
Computer Programming $6,444 $6,556
Plate and Tab Production $11,885 $13,354
Total Cost $18,329 $19,910
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March 8, 2024 HB 24-1064
Department of Revenue. The DOR will have costs to make computer system changes, produce
the new plates, and make other updates, as outlined below.
Computer programming. Computer programming costs in FY 2024-25 and FY 2025-26
include DRIVES programming, estimated at 16 hours at a rate of $248 per hour in
FY 2024-25 and 16 hours at a rate of $255 per hour in FY 2025-26; ISD development and
testing costs, estimated at 23 hours at a rate of $35 per hour in each year; support from the
Office of Information Technology estimated at 13 hours at a rate of $99 per hour in each
year, paid to OIT through real-time billing; and business user acceptance testing at 12 hours
at a rate of $32 per hour in each year.
Plate and tab production. As discussed in the State Revenue section, plate tab and
production costs are $10.03 per license plate set in FY 2024-25 and $10.70 per license plate
set in FY 2025-26. Based on the assumed number of plates, this will increase costs as shown
in Table 4 above. These costs are paid from the LPCF.
Update training and materials. In addition, DOR will be required to update rules, forms,
manuals, and the department's website to reflect the change in law. Additionally, the DOR
will provide training to authorized agents, Title and Registration Section staff, and law
enforcement. Any workload increases or costs associated with these activities can be
accomplished within existing appropriations.
Department of Transportation. By increasing revenue to the State Highway Fund,
expenditures by the Department of Transportation on transportation projects will also increase.
Future decisions on the amount and timing of such expenditures will be made by the
Transportation Commission and are not estimated here.
Other Budget Impacts
TABOR refunds. The bill is expected to increase the amount of state revenue required to be
refunded to taxpayers by the amounts shown in the State Revenue section above. This estimate
assumes the December 2023 LCS revenue forecast. A forecast of state revenue subject to TABOR
is not available beyond FY 2024-25. Because TABOR refunds are paid from the General Fund,
increased cash fund revenue will reduce the amount of General Fund available to spend or save.
Local Government
This bill will increase local government HUTF revenue by the amounts shown in Table 3. HUTF
revenue generated by license plate fees is distributed to counties (26 percent) and municipalities
(9 percent) for transportation needs.
Technical Note
The fiscal note currently includes a duplicative programming cost for the DOR’s DRIVES system,
as discussed in the Background section. The duplicate cost would be removed if the bill’s
effective date were amended to April 1, 2026, when the DRIVES upgrade is complete. Page 5
March 8, 2024 HB 24-1064
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed.
State Appropriations
For FY 2024-25, the bill requires appropriations of $18,329 to the Department of Revenue,
including:
$11,885 from the License Plate Cash Fund; and
$6,444 from the DRIVES Cash Fund.
State and Local Government Contacts
Revenue
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.