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