Colorado 2024 Regular Session

Colorado House Bill HB1064 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 24-0284.01 Christopher McMichael x4775
8	8	HOUSE BILL 24-1064
9	9	House Committees Senate Committees
10	10	Finance
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING THE CREATION OF THE GADSDEN FLAG "DON'T TREAD101
14	14	ON ME" LICENSE PLATE.102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill creates the Gadsden flag "Don't Tread on Me" license
23	23	plate. In addition to the normal fees for a license plate, a person must pay
24	24	2 additional one-time fees of $25 for the issuance of the plate. One of
25	25	these fees is credited to the highway users tax fund and the other is
26	26	credited to the Colorado DRIVES vehicle services account. Furthermore,
27	27	an additional one-time fee of $25 will be collected and credited to the
28	28	HOUSE SPONSORSHIP
29	29	Wilson,
30	30	SENATE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. state charter school debt reserve fund in order to receive the Gadsden flag
35	35	license plate.
36	36	Be it enacted by the General Assembly of the State of Colorado:1
37	37	SECTION 1. Legislative declaration. (1) The general assembly2
38	38	finds and declares that:3
39	39	(a) The Gadsden flag was designed in 1775 by Christopher4
40	40	Gadsden, a delegate to the Continental Congress from South Carolina and5
41	41	a brigadier general in the Continental Army;6
42	42	(b) The rattlesnake at the center of the Gadsden flag was a symbol7
43	43	of unity for the original 13 colonies at the start of the Revolutionary War.8
44	44	The rattlesnake is native to the Americas, so it also served as a symbol of9
45	45	a unique American identity.10
46	46	(c) Since the late eighteenth century, the Gadsden flag has been11
47	47	associated with ideas of individualism and liberty and is flown as a12
48	48	warning against absolute governmental authority;13
49	49	(d) Twelve states currently have a special license plate14
50	50	commemorating the Gadsden flag; and15
51	51	(e) On August 29, 2023, Governor Jared Polis posted on social16
52	52	media that "the Gadsden flag is a proud symbol of the American17
53	53	revolution and a[n] iconic warning to … any government not to violate18
54	54	the liberties of Americans".19
55	55	(2) The general assembly further declares that a special license20
56	56	plate depicting the Gadsden flag "Don't Tread on Me" symbol will21
57	57	preserve American history and commend American unity, individualism,22
58	58	and courage.23
59	59	SECTION 2. In Colorado Revised Statutes, add 42-3-270 as24
60	60	follows:25
61	61	HB24-1064-2- 42-3-270. Special plates - Gadsden flag "Don't Tread on Me".1
62	62	(1) B
63	63	EGINNING ON JANUARY 1, 2025, OR WHEN THE DEPARTMENT IS ABLE2
64	64	TO ISSUE THE PLATES, THE DEPARTMENT SHALL ISSUE SPECIAL LICENSE3
65	65	PLATES TO QUALIFIED APPLICANTS IN ACCORDANCE WITH THIS SECTION4
66	66	FOR MOTORCYCLES, PASSENGER CARS, TRUCKS, OR NONCOMMERCIAL OR5
67	67	RECREATIONAL MOTOR VEHICLES THAT DO NOT EXCEED SIXTEEN6
68	68	THOUSAND POUNDS EMPTY WEIGHT .7
69	69	(2) (a) T
70	70	HERE IS ESTABLISHED THE GADSDEN FLAG "DON'T TREAD8
71	71	ON ME" LICENSE PLATE.9
72	72	(b) T
73	73	HE DEPARTMENT SHALL DESIGN THE PLATE ESTABLISHED10
74	74	PURSUANT TO THIS SECTION IN COOPERATION AND CONSULTATION WITH11
75	75	INTERESTED PERSONS TO FEATURE THE GADSDEN FLAG WITH THE12
76	76	STATEMENT "DON'T TREAD ON ME".13
77	77	(3) T
78	78	HE AMOUNT OF THE TAXES AND FEES FOR SPECIAL LICENSE14
79	79	PLATES ISSUED PURSUANT TO THIS SECTION IS THE SAME AS THE AMOUNT15
80	80	OF THE TAXES AND FEES FOR REGULAR MOTOR VEHICLE LICENSE PLATES ;16
81	81	EXCEPT THAT THE DEPARTMENT SHALL COLLECT THE FOLLOWING17
82	82	ADDITIONAL FEES:18
83	83	(a) A
84	84	ONE-TIME FEE OF TWENTY-FIVE DOLLARS FOR THE ISSUANCE19
85	85	OR REPLACEMENT OF THE GADSDEN FLAG "DON'T TREAD ON ME" LICENSE20
86	86	PLATE. THE DEPARTMENT SHALL TRANSMIT THE ONE -TIME FEE OF21
87	87	TWENTY-FIVE DOLLARS TO THE STATE TREASURER , WHO SHALL CREDIT22
88	88	THE FEE TO THE HIGHWAY USERS TAX FUND CREATED IN SECTION23
89	89	43-4-201.24
90	90	(b) A
91	91	ONE-TIME SPECIAL LICENSE PLATE ISSUANCE FEE AS25
92	92	SPECIFIED IN SECTION 42-3-312; AND26
93	93	(c) A
94	94	ONE-TIME FEE OF TWENTY-FIVE DOLLARS FOR THE ISSUANCE27
95	95	HB24-1064
96	96	-3- OR REPLACEMENT OF THE GADSDEN FLAG "DON'T TREAD ON ME" LICENSE1
97	97	PLATE. THE DEPARTMENT SHALL TRANSMIT THE ONE -TIME FEE OF2
98	98	TWENTY-FIVE DOLLARS TO THE STATE TREASURER , WHO SHALL CREDIT3
99	99	THE FEE TO THE STATE CHARTER SCHOOL DEBT RESERVE FUND CREATED4
100	100	IN SECTION 22-30.5-407.5
101	101	(4) A
102	102	N APPLICANT MAY APPLY TO THE DEPARTMENT FOR6
103	103	PERSONALIZED GADSDEN FLAG "DON'T TREAD ON ME" LICENSE PLATES.7
104	104	U
105	105	PON PAYMENT OF THE ADDITIONAL FEE REQUIRED BY SECTION 42-3-2118
106	106	(6)(a)
107	107	FOR PERSONALIZED LICENSE PLATES, THE DEPARTMENT MAY ISSUE9
108	108	THE PLATES IF THE APPLICANT COMPLIES WITH SECTION 42-3-211. IF AN10
109	109	APPLICANT HAS EXISTING PERSONALIZED LICENSE PLATES FOR A MOTOR11
110	110	VEHICLE, THE APPLICANT MAY TRANSFER THE COMBINATION OF LETTERS12
111	111	OR NUMBERS TO A NEW SET OF GADSDEN FLAG "DON'T TREAD ON ME"13
112	112	LICENSE PLATES FOR THE VEHICLE UPON PAYING THE FEE REQUIRED BY14
113	113	SECTION 42-3-211 (6)(a) AND UPON TURNING IN THE EXISTING PLATES TO15
114	114	THE DEPARTMENT. A PERSON WHO HAS OBTAINED PERSONALIZED LICENSE16
115	115	PLATES UNDER THIS SUBSECTION (4) MUST PAY THE ANNUAL FEE IMPOSED17
116	116	BY SECTION 42-3-211 (6)(b) TO RENEW THE PERSONALIZED PLATES . THE18
117	117	FEES UNDER THIS SUBSECTION (4) ARE IN ADDITION TO ALL OTHER19
118	118	APPLICABLE TAXES AND FEES.20
119	119	SECTION 3. In Colorado Revised Statutes, amend 42-3-312 as21
120	120	follows:22
121	121	42-3-312. Special license plate surcharge. In addition to any23
122	122	other fee imposed by this article 3, an applicant for a special license plate24
123	123	created by rule in accordance with section 42-3-207, as the section existed25
124	124	when the plate was created, personalized plates issued under section26
125	125	42-3-211, or special license plates issued under sections 42-3-212 to27
126	126	HB24-1064
127	127	-4- 42-3-214, sections 42-3-217 to 42-3-218, sections 42-3-221 to 42-3-234,1
128	128	sections 42-3-237 to 42-3-258, sections 42-3-260 to 42-3-265, 42-3-267,2
129	129	42-3-268, and section 42-3-269 AND SECTIONS 42-3-267 TO 42-3-2703
130	130	shall pay an issuance fee of twenty-five dollars; except that the fee is not4
131	131	imposed on special license plates exempted from additional fees for the5
132	132	issuance of a military special license plate by section 42-3-213 (1)(b)(II).6
133	133	The department shall transfer the money from the fee to the state7
134	134	treasurer, who shall credit it to the Colorado DRIVES vehicle services8
135	135	account created in section 42-1-211 (2).9
136	136	SECTION 4. In Colorado Revised Statutes, 22-30.5-407, amend10
137	137	(2)(a) introductory portion, (2)(a)(IV), and (2)(a)(V); and add (2)(a)(VI)11
138	138	as follows:12
139	139	22-30.5-407. State charter school debt reserve fund - creation13
140	140	- use of fund money - legislative declaration. (2) (a) There is hereby14
141	141	created in the state treasury the state charter school debt reserve fund. The15
142	142	fund shall consist CONSISTS of the following moneys MONEY:16
143	143	(IV) Moneys MONEY credited to the fund by the state treasurer17
144	144	pursuant to section 22-30.5-408 (2)(c)(II); and18
145	145	(V) Interest and income credited to the fund pursuant to paragraph19
146	146	(c) of this subsection (2) SUBSECTION (2)(c) OF THIS SECTION; AND20
147	147	(VI) M
148	148	ONEY COLLECTED AS FEES ASSOCIATED WITH THE GADSDEN21
149	149	FLAG "DON'T TREAD ON ME" SPECIAL LICENSE PLATE AND CREDITED TO22
150	150	THE FUND PURSUANT TO SECTION 42-3-270 (3)(c).23
151	151	SECTION 5. Act subject to petition - effective date. This act24
152	152	takes effect at 12:01 a.m. on the day following the expiration of the25
153	153	ninety-day period after final adjournment of the general assembly; except26
154	154	that, if a referendum petition is filed pursuant to section 1 (3) of article V27
155	155	HB24-1064
156	156	-5- of the state constitution against this act or an item, section, or part of this1
157	157	act within such period, then the act, item, section, or part will not take2
158	158	effect unless approved by the people at the general election to be held in3
159	159	November 2024 and, in such case, will take effect on the date of the4
160	160	official declaration of the vote thereon by the governor.5
161	161	HB24-1064
162	162	-6-