NOTE: The governor signed this measure on 5/18/2013. SENATE BILL 13-224 BY SENATOR(S) Kerr and Baumgardner, Guzman, Roberts, Schwartz, Tochtrop, Todd; also REPRESENTATIVE(S) Hamner and Wright, McLachlan, Gerou, Lebsock, Mitsch Bush, Pabon, Rosenthal, Ryden, Singer. Concerning the creation of a "Protect Our Rivers" license plate for Colorado trout unlimited, and, in connection therewith, making an appropriation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 42-3-246 as follows: 42-3-246. Special plates - "Protect Our Rivers". (1) Beginning the earlier of January 1, 2014, 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" license plate. The department may stop issuing the "Protect Our Rivers" license plate if three thousand license plates are not issued by July 1, 2017. A person may continue to use the "Protect Our Rivers" license plate after July 1, 2017. (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" 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 shall file with the department an annual statement verifying that it is a nonprofit organization unless the department stops issuing the license plate pursuant to paragraph (a) of subsection (2) of this section. (c) Colorado trout unlimited shall not use any moneys from a donation made under paragraph (a) of this subsection (3) for litigation or lobbying. (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 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" license plates. Upon payment of the additional fee required by section 42-3-211 (6) (a) for personalized license plates, the department may issue the 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" 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" license plates under this subsection (5) shall pay the annual fee imposed by section 42-3-211 (6) (b) for renewal of the personalized plates. The fees under this subsection (5) are in addition to all other applicable taxes and fees. SECTION 2. In Colorado Revised Statutes, amend 42-3-312 as follows: 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 the section existed when the plate was created, or license plates issued pursuant to sections 42-3-211 to 42-3-218, sections 42-3-221 to 42-3-234, and sections 42-3-237 to 42-3-245 42-3-246 shall pay an issuance fee of twenty-five dollars; except that the fee is not 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 department shall transfer the fee to the state treasurer, who shall credit it to the licensing services cash fund created in section 42-2-114.5. SECTION 3. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the Colorado state titling and registration account of the highway users tax fund created in section 42-1-211 (2), Colorado Revised Statutes, not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2013, the sum of $2,972, or so much thereof as may be necessary, to be allocated to the information technology division for the purchase of computer programming services related to the implementation of this act. (2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the license plate cash fund created in section 42-3-301 (1) (b), Colorado Revised Statutes, not otherwise appropriated, to the department of revenue, for the fiscal year beginning July 1, 2013, the sum of $5,920, or so much thereof as may be necessary, for allocation to the division of motor vehicles for the purchase of special license plates related to the implementation of this act. (3) In addition to any other appropriation, there is hereby appropriated to the governor - lieutenant governor - state planning and budgeting, for the fiscal year beginning July 1, 2013, the sum of $2,972, or so much thereof as may be necessary, for allocation to the office of information technology, for the provision of computer center services for the department of revenue related to the implementation of this act. Said sum is from reappropriated funds received from the department of revenue out of the appropriation made in subsection (1) of this section. SECTION 4. Act subject to petition - effective date. This act takes 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 7, 2013, if adjournment sine die is on May 8, 2013); 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 will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. ____________________________ ____________________________ John P. Morse Dickey Lee Hullinghorst PRESIDENT OF MAJORITY LEADER OF THE THE SENATE HOUSE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO