House File 2639 - Introduced HOUSE FILE 2639 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2424) (SUCCESSOR TO HSB 615) A BILL FOR An Act relating to vehicle registration plates, including 1 registration plate frames and Gadsden flag special 2 registration plates. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5535HZ (2) 90 th/ns
H.F. 2639 Section 1. Section 321.34, Code 2024, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 11E. Gadsden flag plates. 3 a. Upon application and payment of the proper fees, the 4 director may issue Gadsden flag plates to the owner of a 5 motor vehicle subject to registration under section 321.109, 6 subsection 1, autocycle, motor truck, motor home, multipurpose 7 vehicle, motorcycle, trailer, or travel trailer. 8 b. Gadsden flag plates shall be designed by the department. 9 The background shall be yellow at the top and bottom, with the 10 color fading into white in the center. The plate’s numbers 11 and letters shall be black. The left side of the plate shall 12 depict a black and white rattlesnake coiled on green grass. 13 The image depicting the coiled rattlesnake shall be at least 14 three inches tall and two inches wide. The phrase “Don’t Tread 15 on Me” shall appear at the bottom of the plate. 16 c. The special Gadsden flag fee for letter-number designated 17 Gadsden flag plates is fifty dollars. An applicant may obtain 18 personalized Gadsden flag plates upon payment of the fee for 19 personalized plates as provided in subsection 5, which is in 20 addition to the special Gadsden flag fee. Personalized plates 21 authorized by this subsection shall be limited to no more 22 than five numerals, letters, or combinations of numerals and 23 letters. 24 d. The fees collected by the director under this subsection 25 shall be paid monthly to the treasurer of state and deposited 26 in the road use tax fund. The treasurer of state shall 27 transfer monthly from the statutory allocations fund created 28 under section 321.145, subsection 2, to the general fund of the 29 state the amount of the special fees collected in the previous 30 month for Gadsden flag plates. Such moneys are appropriated to 31 the department of public safety to distribute in the form of 32 grants to provide education and training on the right to keep 33 and bear arms protected under the Constitution of the United 34 States and the Constitution of the State of Iowa. In the 35 -1- LSB 5535HZ (2) 90 th/ns 1/ 5
H.F. 2639 awarding of grants, the department of public safety shall give 1 first consideration to any official state association of the 2 national rifle association and similar nonprofit organizations. 3 Notwithstanding section 8.33, moneys appropriated under this 4 subsection shall not revert to the general fund of the state. 5 e. Upon receipt of the special registration plates, the 6 applicant shall surrender the current registration plates to 7 the county treasurer. The county treasurer shall validate 8 the special registration plates in the same manner as regular 9 registration plates are validated under this section. The 10 annual special Gadsden flag fee for letter-number designated 11 plates is fifty dollars which shall be paid in addition to 12 the regular annual registration fee. The annual fee for 13 personalized Gadsden flag plates is five dollars which shall be 14 paid in addition to the annual special Gadsden flag fee and the 15 regular annual registration fee. The annual special Gadsden 16 flag fee shall be credited as provided under paragraph “d” . 17 f. The department shall not condition the issuance of 18 Gadsden flag plates on the receipt of any number of orders for 19 Gadsden flag plates. 20 Sec. 2. Section 321.37, subsection 3, Code 2024, is amended 21 to read as follows: 22 3. It is unlawful for the The owner of a vehicle to shall 23 not place any a frame around or over the a registration plate 24 which does not permit full view of all numerals and letters 25 printed on the registration plate , other than the name of the 26 county . 27 Sec. 3. Section 321.166, subsections 2 and 9, Code 2024, are 28 amended to read as follows: 29 2. Every registration plate or pair of plates shall display 30 a registration plate number which shall consist of alphabetical 31 or numerical characters or a combination thereof and the name 32 of this state, which may be abbreviated. Every registration 33 plate issued by the county treasurer shall display the name 34 of the county, including any plate issued pursuant to section 35 -2- LSB 5535HZ (2) 90 th/ns 2/ 5
H.F. 2639 321.34 , except Pearl Harbor and purple heart registration 1 plates issued prior to January 1, 1997; and collegiate, fire 2 fighter, and medal of honor , and Gadsden flag registration 3 plates. Special truck registration plates shall display the 4 word “special”. The department may adopt rules to implement 5 this subsection . 6 9. Special registration plates issued pursuant to section 7 321.34 , other than gold star, medal of honor, collegiate, fire 8 fighter, natural resources, blackout, and flying our colors , 9 and Gadsden flag registration plates, shall be consistent with 10 the design and color of regular registration plates but shall 11 provide a space on a portion of the plate for the purpose of 12 allowing the placement of a distinguishing processed emblem or 13 an organization decal. Special registration plates shall also 14 comply with the requirements for regular registration plates 15 as provided in this section to the extent the requirements are 16 consistent with the section authorizing a particular special 17 vehicle registration plate. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to vehicle registration plates. 22 The bill authorizes the department of transportation (DOT) 23 to design and issue Gadsden flag special registration plates. 24 The bill requires the plate’s background to be yellow at the 25 top and bottom, with the color fading into white in the center. 26 The plate’s numbers and letters must be black. The left side 27 of the plate must contain the image of a rattlesnake in black 28 and white coiled on green grass. The phrase “Don’t Tread on 29 Me” must appear at the bottom of the plate. 30 The bill provides that the special Gadsden flag fee for 31 letter-number designated Gadsden flag plates is $50. An 32 applicant may obtain personalized Gadsden flag plates upon 33 payment of the $25 fee for personalized plates set forth under 34 current law, which is in addition to the special Gadsden flag 35 -3- LSB 5535HZ (2) 90 th/ns 3/ 5
H.F. 2639 fee. Personalized Gadsden flag plates are limited to five 1 numerals and letters. The annual special Gadsden flag fee for 2 letter-number designated plates is $50, which is in addition 3 to the regular annual registration fee. The annual fee for 4 personalized Gadsden flag plates is $5, which is in addition 5 to the annual special Gadsden flag fee and the regular annual 6 registration fee. 7 The fees collected by the DOT must be paid monthly to the 8 treasurer of state and deposited in the road use tax fund. The 9 treasurer of state must transfer monthly from the statutory 10 allocations fund to the general fund of the state the amount 11 of the special fees collected in the previous month for the 12 Gadsden flag plates. Such moneys are appropriated to the 13 department of public safety (DPS) to distribute in the form of 14 grants to provide education and training on the right to keep 15 and bear arms. In the awarding of grants, DPS must give first 16 consideration to any official state association of the national 17 rifle association and similar nonprofit organizations. 18 The bill prohibits the DOT from conditioning the issuance of 19 Gadsden flag plates on the receipt of any number of orders for 20 Gadsden flag plates. 21 Gadsden flag plates are exempt from the general requirements 22 to display the name of the county that issues the plates and to 23 be consistent with the design and color of regular registration 24 plates. 25 Under current law, nonprofit organizations are authorized 26 to apply to the DOT for approval to issue a decal of the 27 organization’s own design to be displayed on special 28 registration plates with space reserved for an organizational 29 decal. The nonprofit organization may charge a fee and retain 30 any payment received for the organizational decal. Code 31 section 321.34(13) sets forth the application process and 32 certain limitations for nonprofit organizations and decal 33 designs. 34 Under current law, an owner of a vehicle who places any frame 35 -4- LSB 5535HZ (2) 90 th/ns 4/ 5
H.F. 2639 around or over a registration plate which does not permit full 1 view of all numerals and letters printed on the registration 2 plate, including the name of the county printed on the bottom 3 of the plate, commits a simple misdemeanor punishable by a 4 scheduled fine of $30. Under the bill, a registration plate 5 frame is no longer required to permit full view of the name of 6 the county. 7 -5- LSB 5535HZ (2) 90 th/ns 5/ 5