First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0512.01 Jery Payne HOUSE BILL 11-1034 HOUSE SPONSORSHIP Wilson, Jones, Massey SENATE SPONSORSHIP Schwartz, House Committees Senate Committees Transportation A BILL FOR AN ACT Concerning the creation of a protect-our-rivers special license plate for Colorado trout unlimited. 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://www.leg.state.co.us/billsummaries.) The bill creates the protect-our-rivers special license plate. A person becomes eligible to use the plate by donating $25 to Colorado trout unlimited. In addition to the normal motor vehicle fees, the plate requires 2 one-time fees of $25. One of the fees is credited to the highway users tax fund and the other to the licensing services cash fund. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 2 of article 3 of title 42, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 42-3-236. Special plates - protect our rivers. (1) Beginning the earlier of January 1, 2012, or when the department is able to issue the plates, the department shall issue special license plates to qualified applicants under this section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand pounds empty weight. (2) (a) There is hereby established the protect-our-rivers special license plate. The department may stop issuing the protect-our-rivers special license plate if three thousand license plates are not issued by July 1, 2014. A person may continue to use the protect-our-rivers special license plate after July 1, 2014. (b) Colorado trout unlimited may design the special license plates, but the design must conform with standards established by the department. (3) (a) A person may apply for a protect-our-rivers special license plate if the person pays the taxes and fees required under this section and provides to the department or an authorized agent a certificate, issued by Colorado trout unlimited or its successor organization, confirming that the applicant has donated twenty-five dollars to Colorado trout unlimited. (b) Colorado trout unlimited, or its successor organization, shall file with the department an annual statement verifying that it is a nonprofit organization. (4) The amount of the taxes and fees for special license plates under this section are the same as the amount of the taxes and fees for regular motor vehicle license plates; except that the department shall collect a one-time fee of twenty-five dollars for issuance or replacement of each such license plate. The department shall transmit the additional one-time fee to the state treasurer, who shall credit the fee to the highway users tax fund created in section 43-4-201, C.R.S. (5) An applicant may apply for personalized protect-our-rivers special license plates. Upon payment of the additional fee required by section 42-3-211 (6) (a) for personalized license plates, the department may issue such plates if the applicant complies with section 42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the applicant may transfer the combination of letters or numbers to a new set of protect-our-rivers special license plates for the vehicle upon paying the fee required by section 42-3-211 (6) (a) and upon turning in the existing plates to the department. A person who has obtained personalized protect-our-rivers special license plates under this subsection (5) shall pay the annual fee imposed by section 42-3-211 (6) (b) for renewal of such personalized plates. The fees under this subsection (5) are in addition to all other applicable taxes and fees. SECTION 2. 42-3-312, Colorado Revised Statutes, is amended to read: 42-3-312. Special license plate surcharge. In addition to any other fee imposed by this article, an applicant for a special license plate created by rule in accordance with section 42-3-207, as such section existed when the plate was created, or license plates issued pursuant to sections 42-3-211 to 42-3-218, and sections 42-3-221 to 42-3-234, and section 42-3-236 shall pay an issuance fee of twenty-five dollars; except that the fee shall is not be imposed on special license plates exempted from additional fees for the issuance of a military special license plate by section 42-3-213 (1) (b) (II). The fee shall be transferred to the state treasurer and credited to the licensing services cash fund created in section 42-2-114.5. SECTION 3. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.