HOUSE 3rd Reading Unamended April 14, 2016 HOUSE Amended 2nd Reading April 11, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0581.01 Jery Payne x2157 HOUSE BILL 16-1009 HOUSE SPONSORSHIP Buck, SENATE SPONSORSHIP Cooke, House Committees Senate Committees Transportation & Energy Appropriations A BILL FOR AN ACT Concerning the issuance of fallen heroes license plates, and, in connection therewith, making an appropriation. 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 authorizes local authorities to be issued fallen hero license plates. Local authorities need only pay the required donation. The bill clarifies that the fallen hero license plate is a distinctive special license plate. The retirement date of the plate is repealed. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 42-1-102, amend (24.5) as follows: 42-1-102. Definitions. As used in articles 1 to 4 of this title, unless the context otherwise requires: (24.5) "Distinctive special license plate" means a special license plate that is issued to a person because such the person has an immutable characteristic or special achievement honor. Such A special achievement honor shall not include excludes a common achievement such as graduating from an institution of higher education. Such A special achievement shall include includes honorable service in the armed forces of the United States. "Distinctive special license plate" shall include includes a license plate that is issued to a person or the person's family to honor such the person's service in the armed forces or a peace officer's sacrifice in the line of duty. SECTION 2. In Colorado Revised Statutes, 42-3-242, amend (2) (a), (3) (a), and (4) as follows: 42-3-242. Special plates - fallen heroes. (2) (a) There is hereby established the fallen heroes special license plate. The department may stop issuing the fallen heroes special license plate if a total of three thousand license plates are not issued by July 1, 2017. A person who was issued a fallen heroes special license plate on or before July 1, 2017, may continue to use the fallen heroes special license plate after July 1, 2017, regardless of whether the department stops issuing the special license plate. (3) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), a person may apply for a fallen heroes license plate if the person pays the taxes and fees required under this section article and provides to the department or an authorized agent a certificate, issued by the Colorado chapter of the Concerns of Police Survivors, Inc., or its successor organization, confirming that the applicant has donated fifty dollars to the Colorado chapter of the Concerns of Police Survivors, Inc. (II) A local authority may be issued a fallen heroes license plate for a motor vehicle that does not exceed sixteen thousand pounds empty weight if the local authority pays any taxes and fees required by this article and presents to the department a certificate showing it made the donation required by subparagraph (I) of this paragraph (a). A plate issued to a local authority must contain a notification indicating that the plate was issued to a local authority. (4) (a) Except as provided in paragraph (b) of this subsection (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 the 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. (b) A local authority need not pay the one-time fee imposed in paragraph (a) of this subsection (4). SECTION 3. Appropriation. (1) For the 2016-17 state fiscal year, $37,490 is appropriated to the department of revenue. This appropriation consists of $33,990 from the Colorado state titling and registration account of the highway users tax fund created in section 42-1-211 (2), C.R.S., and $3,500 from the license plate cash fund created in 42-3-301 (1) (b), C.R.S. To implement this act, the department may use this appropriation as follows: (a) $33,990 from the Colorado state titling and registration account of the highway users tax fund for the purchase of information technology services; and (b) $3,500 from the license plate cash fund for license plate ordering. (2) For the 2016-17 state fiscal year, $33,990 is appropriated to the office of the governor for use by the office of information technology. This appropriation is from reappropriated funds received from the department of revenue under paragraph (a) of subsection (1) of this section. To implement this act, the office may use this appropriation to provide information technology services for the department of revenue. SECTION 4. Act subject to petition - effective date - applicability. (1) 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 10, 2016, if adjournment sine die is on May 11, 2016); 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 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to license plate applications made on or after January 1, 2017.