House Study Bill 615 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON THOMPSON) A BILL FOR An Act relating to Gadsden flag special registration plates. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5535YC (2) 90 th/ns
H.F. _____ 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 thirty-five dollars. An applicant may 18 obtain personalized Gadsden flag plates upon payment of the 19 fee for personalized plates as provided in subsection 5, which 20 is in addition to the special Gadsden flag fee. Personalized 21 plates authorized by this subsection shall be limited to no 22 more than five numerals, letters, or combinations of numerals 23 and 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 5535YC (2) 90 th/ns 1/ 4
H.F. _____ 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 ten 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 321.166, subsections 2 and 9, Code 2024, are 21 amended to read as follows: 22 2. Every registration plate or pair of plates shall display 23 a registration plate number which shall consist of alphabetical 24 or numerical characters or a combination thereof and the name 25 of this state, which may be abbreviated. Every registration 26 plate issued by the county treasurer shall display the name 27 of the county, including any plate issued pursuant to section 28 321.34 , except Pearl Harbor and purple heart registration 29 plates issued prior to January 1, 1997; and collegiate, fire 30 fighter, and medal of honor , and Gadsden flag registration 31 plates. Special truck registration plates shall display the 32 word “special”. The department may adopt rules to implement 33 this subsection . 34 9. Special registration plates issued pursuant to section 35 -2- LSB 5535YC (2) 90 th/ns 2/ 4
H.F. _____ 321.34 , other than gold star, medal of honor, collegiate, fire 1 fighter, natural resources, blackout, and flying our colors , 2 and Gadsden flag registration plates, shall be consistent with 3 the design and color of regular registration plates but shall 4 provide a space on a portion of the plate for the purpose of 5 allowing the placement of a distinguishing processed emblem or 6 an organization decal. Special registration plates shall also 7 comply with the requirements for regular registration plates 8 as provided in this section to the extent the requirements are 9 consistent with the section authorizing a particular special 10 vehicle registration plate. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill authorizes the department of transportation (DOT) 15 to design and issue Gadsden flag special registration plates. 16 The bill requires the plate’s background to be yellow at the 17 top and bottom, with the color fading into white in the center. 18 The plate’s numbers and letters must be black. The left side 19 of the plate must contain the image of a rattlesnake in black 20 and white coiled on green grass. The phrase “Don’t Tread on 21 Me” must appear at the bottom of the plate. 22 The bill provides that the special Gadsden flag fee for 23 letter-number designated Gadsden flag plates is $35. An 24 applicant may obtain personalized Gadsden flag plates upon 25 payment of the $25 fee for personalized plates set forth under 26 current law, which is in addition to the special Gadsden flag 27 fee. Personalized Gadsden flag plates are limited to five 28 numerals and letters. The annual special Gadsden flag fee for 29 letter-number designated plates is $10, which is in addition 30 to the regular annual registration fee. The annual fee for 31 personalized Gadsden flag plates is $5, which is in addition 32 to the annual special Gadsden flag fee and the regular annual 33 registration fee. 34 The fees collected by the DOT must be paid monthly to the 35 -3- LSB 5535YC (2) 90 th/ns 3/ 4
H.F. _____ treasurer of state and deposited in the road use tax fund. The 1 treasurer of state must transfer monthly from the statutory 2 allocations fund to the general fund of the state the amount 3 of the special fees collected in the previous month for the 4 Gadsden flag plates. Such moneys are appropriated to the 5 department of public safety (DPS) to distribute in the form of 6 grants to provide education and training on the right to keep 7 and bear arms. In the awarding of grants, DPS must give first 8 consideration to any official state association of the national 9 rifle association and similar nonprofit organizations. 10 The bill prohibits the DOT from conditioning the issuance of 11 Gadsden flag plates on the receipt of any number of orders for 12 Gadsden flag plates. 13 Gadsden flag plates are exempt from the general requirements 14 to display the name of the county that issues the plates and to 15 be consistent with the design and color of regular registration 16 plates. 17 Under current law, nonprofit organizations are authorized 18 to apply to the DOT for approval to issue a decal of the 19 organization’s own design to be displayed on special 20 registration plates with space reserved for an organizational 21 decal. The nonprofit organization may charge a fee and retain 22 any payment received for the organizational decal. Code 23 section 321.34(13) sets forth the application process and 24 certain limitations for nonprofit organizations and decal 25 designs. 26 -4- LSB 5535YC (2) 90 th/ns 4/ 4