SF 2343 (LSB 5102XS (5) 91)

SENATE FILE 2343

BY  WEBSTER

A BILL FOR

An Act relating to vehicle registration plates, including registration plate frames and Gadsden flag special registration plates, providing fees, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.34, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  11E.  Gadsden flag plates.
   a.  Upon application and payment of the proper fees, the director may issue Gadsden flag plates to the owner of a motor vehicle subject to registration under section 321.109, subsection 1, autocycle, motor truck, motor home, multipurpose vehicle, motorcycle, trailer, or travel trailer.
   b.  Gadsden flag plates shall be designed by the department. The background shall be yellow at the top and bottom, with the color fading into white in the center. The plate’s numbers and letters shall be black. The left side of the plate shall depict a black and white rattlesnake coiled on green grass. The image depicting the coiled rattlesnake shall be at least three inches tall and two inches wide. The phrase “Don’t Tread on Me” shall appear at the bottom of the plate.
   c.  The special Gadsden flag fee for letter-number designated Gadsden flag plates is fifty dollars. An applicant may obtain personalized Gadsden flag plates upon payment of the fee for personalized plates as provided in subsection 5, which is in addition to the special Gadsden flag fee. Personalized plates authorized by this subsection shall be limited to no more than five numerals, letters, or combinations of numerals and letters.
   d.  (1)  The fees collected by the director under this subsection shall be paid monthly to the treasurer of state and deposited in the road use tax fund.
   (2)  The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the general fund of the state the amount of the special fees collected in the previous month for Gadsden flag plates. Such moneys are appropriated as follows:
   (a)  Fifty percent is appropriated to the natural resource commission to distribute in the form of shooting sports development grants to applicants for the creation of new shooting ranges and improvement of existing shooting ranges and facilities. The natural resource commission shall not award a grant to an applicant unless the applicant allows students enrolled at a public or private school to participate in shooting sports at the applicant’s range or facility. The natural resource commission shall give first consideration to any applicant who has agreed to allow a public or private school sports shooting team to use the applicant’s range or facility. The natural resource commission shall adopt rules pursuant to chapter 17A to administer this subparagraph division.
   (b)  Fifty percent is appropriated to the department of homeland security and emergency management to distribute in the form of grants to school districts to be used for school infrastructure described in section 423F.3, subsection 6, paragraph “a”, subparagraph (4) or (5). The department of homeland security and emergency management shall adopt rules pursuant to chapter 17A to administer this subparagraph division.
   (3)  Notwithstanding section 8.33, moneys appropriated under subparagraph (2) shall not revert to the general fund of the state.
   e.  Upon receipt of the special registration plates, the applicant shall surrender the current registration plates to the county treasurer. The county treasurer shall validate the special registration plates in the same manner as regular registration plates are validated under this section. The annual special Gadsden flag fee for letter-number designated plates is fifty dollars which shall be paid in addition to the regular annual registration fee. The annual fee for personalized Gadsden flag plates is five dollars which shall be paid in addition to the annual special Gadsden flag fee and the regular annual registration fee. The annual special Gadsden flag fee shall be credited as provided under paragraph “d”.
   f.  The department shall not condition the issuance of Gadsden flag plates on the receipt of any number of orders for Gadsden flag plates.
    Sec. 2.  Section 321.37, subsection 3, Code 2026, is amended to read as follows:
   3.  It is unlawful for the The owner of a vehicle to shall not place any a frame around or over the a registration plate which does not permit full view of all numerals and letters printed on the registration plate, other than the name of the county.
    Sec. 3.  Section 321.166, subsections 2 and 9, Code 2026, are amended to read as follows:
   2.  Every registration plate or pair of plates shall display a registration plate number which shall consist of alphabetical or numerical characters or a combination thereof and the name of this state, which may be abbreviated. Every registration plate issued by the county treasurer shall display the name of the county, including any plate issued pursuant to section 321.34, except Pearl Harbor and purple heart registration plates issued prior to January 1, 1997; and collegiate, fire fighter, and medal of honor, and Gadsden flag registration plates. Special truck registration plates shall display the word “special”. The department may adopt rules to implement this subsection.
   9.  Special registration plates issued pursuant to section 321.34, other than gold star, medal of honor, collegiate, fire fighter, natural resources, blackout, and flying our colors, and Gadsden flag registration plates, shall be consistent with the design and color of regular registration plates but shall provide a space on a portion of the plate for the purpose of allowing the placement of a distinguishing processed emblem or an organization decal. Special registration plates shall also comply with the requirements for regular registration plates as provided in this section to the extent the requirements are consistent with the section authorizing a particular special vehicle registration plate.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to vehicle registration plates.
   The bill authorizes the department of transportation (DOT) to design and issue Gadsden flag special registration plates. The bill requires the plate’s background to be yellow at the top and bottom, with the color fading into white in the center. The plate’s numbers and letters must be black. The left side of the plate must contain the image of a rattlesnake in black and white coiled on green grass. The phrase “Don’t Tread on Me” must appear at the bottom of the plate.
   The bill provides that the special Gadsden flag fee for letter-number designated Gadsden flag plates is $50. An applicant may obtain personalized Gadsden flag plates upon payment of the $25 fee for personalized plates set forth under current law, which is in addition to the special Gadsden flag fee. Personalized Gadsden flag plates are limited to five numerals and letters. The annual special Gadsden flag fee for letter-number designated plates is $50, which is in addition to the regular annual registration fee. The annual fee for personalized Gadsden flag plates is $5, which is in addition to the annual special Gadsden flag fee and the regular annual registration fee.
   The fees collected by the DOT must be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state must transfer monthly from the statutory allocations fund to the general fund of the state an amount equal to the special fees collected in the previous month for the Gadsden flag plates. One-half of such moneys is appropriated to the natural resource commission (NRC) to distribute in the form of shooting sports development grants to applicants for the creation of new shooting ranges and improvement of existing shooting ranges and facilities. The NRC is prohibited from awarding a grant to an applicant unless the applicant allows students enrolled at a public or private school to participate in shooting sports at the applicant’s range or facility. The NRC must give first consideration to any applicant who has agreed to allow a public or private school sports shooting team to use the applicant’s range or facility. The other half of such moneys is appropriated to the department of homeland security and emergency management to distribute in the form of grants to school districts for school infrastructure. For purposes of the bill, “school infrastructure” includes school safety and security infrastructure, including but not limited to safe rooms, remote entry technology and equipment, security camera systems, card access systems, and communication systems with access to fire and police emergency frequencies, but does not include the cost of personnel, development of safety and security plans, or training related to the implementation of safety and security plans. Additionally, “school infrastructure” includes software or other innovative technology, and the cost of subscription and monitoring fees associated with such software or other innovative technology, that meets prescribed requirements under Code section 423F.3(6)(a)(5).
   The bill prohibits the DOT from conditioning the issuance of Gadsden flag plates on the receipt of any number of orders for Gadsden flag plates. Gadsden flag plates are exempt from the general requirements to display the name of the county that issues the plates and to be consistent with the design and color of regular registration plates.
   Under current law, nonprofit organizations are authorized to apply to the DOT for approval to issue a decal of the organization’s own design to be displayed on special registration plates with space reserved for an organizational decal. The nonprofit organization may charge a fee and retain any payment received for the organizational decal. Code section 321.34(13) sets forth the application process and certain limitations for nonprofit organizations and decal designs.
   Under current law, an owner of a vehicle who places any frame around or over a registration plate which does not permit full view of all numerals and letters printed on the registration plate, including the name of the county printed on the bottom of the plate, commits a simple misdemeanor punishable by a scheduled fine of $30. Under the bill, a registration plate frame is no longer required to permit full view of the name of the county.