02/22/2011 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB93 | |
| SB2 | |
| SB16 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 93 | TELECONFERENCED | |
| *+ | SB 2 | TELECONFERENCED | |
| *+ | SB 16 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 22, 2011
9:06 a.m.
MEMBERS PRESENT
Senator Bill Wielechowski, Chair
Senator Joe Paskvan, Vice Chair
Senator Albert Kookesh
Senator Kevin Meyer
Senator Cathy Giessel
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 93
"An Act relating to special request specialty organization
registration plates; and providing for an effective date."
- HEARD AND HELD
SENATE BILL NO. 2
"An Act relating to National Rifle Association special request
license plates."
- HEARD AND HELD
SENATE BILL NO. 16
"An Act relating to special request choose life license plates;
and providing for an effective date."
-HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 93
SHORT TITLE: SPECIALTY LICENSE PLATES
SPONSOR(s): STATE AFFAIRS
02/21/11 (S) READ THE FIRST TIME - REFERRALS
02/21/11 (S) STA, TRA
02/22/11 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 2
SHORT TITLE: LICENSE PLATES: NATIONAL RIFLE ASSN.
SPONSOR(s): MENARD, HUGGINS
01/19/11 (S) PREFILE RELEASED 1/7/11
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) STA, FIN
02/22/11 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SB 16
SHORT TITLE: SPECIAL REQUEST LICENSE PLATES
SPONSOR(s): MEYER
01/19/11 (S) PREFILE RELEASED 1/7/11
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) STA, FIN
02/22/11 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
KARLA HART, Staff to Senator Bill Wielechowski
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 93 for sponsor on behalf of the
sponsor.
WHITNEY BREWSTER, Director
Division of Motor Vehicles
Department of Administration
Anchorage, AK
POSITION STATEMENT: Explained provisions of SB 93.
SENATOR LINDA MENARD, Sponsor of SB 2
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Introduced SB 2.
MICHAEL ROVITO, Staff to Senator Menard
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 2 for sponsor.
SENATOR KEVIN MEYER
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 16.
WHITNEY BREWSTER, Director
Division of Motor Vehicles
Department of Administration
Anchorage, AK
POSITION STATEMENT: Explained provisions of SB 93.
SENATOR LINDA MENARD
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 2.
MICHAEL ROVITO, Staff
Senator Menard
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 2 for sponsor.
NEIL MOSS, Alaska State Director
Scholastic Clay Target Program (SCTP)
Wasilla, AK
POSITION STATEMENT: Testified in support of SB 2.
MICHELLE SYDEMAN, Staff
Senator Wielechowski
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 93 on behalf of the sponsor.
SENATOR KEVIN MEYER
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 16.
JEFF MITTMAN, Executive Director
American Civil Liberties Union (ACLU) of Alaska
Anchorage, AK
POSITION STATEMENT: Gave ACLU position on license plate bills.
RUSS AMERLING, National Publicity Coordinator
Choose Life License Plates
POSITION STATEMENT: Testified in support of SB 16.
JIM MINNERY
Alaska Family Council
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 16.
MIKE PAULSEN, Chairman
Choose Life Alaska
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 16.
KELLY FOREMAN
Choose Life Alaska
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 16.
BOB HEAD, Director
American Family Association of Alaska
Juneau, AK
POSITION STATEMENT: Testified in support of SB 16.
SYD HIEDERSDORF, representing himself
Juneau, AK
POSITION STATEMENT: Testified in support of SB 16.
CAREN ROBINSON, Lobbyist
Alaska Women's Lobby and Alaska Planned Parenthood of the
Greater Northwest
Juneau, AK
POSITION STATEMENT: Testified in support of SB 16.
ACTION NARRATIVE
9:06:42 AM
CHAIR BILL WIELECHOWSKI called the Senate State Affairs Standing
Committee meeting to order at 9:06 a.m. Present at the call to
order were Senators Giessel, Meyer, Paskvan, and Chair
Wielechowski.
SB 93-SPECIALTY LICENSE PLATES
9:09:46 AM
CHAIR WIELECHOWSKI announced the first order of business to be
SB 93.
KARLA HART, staff to Senator Bill Wielechowski, presented SB 93
for the sponsor. She said that specialty license plates are
sweeping the country. The 26th Alaska State Legislature had a
total of 15 committee meetings entailing nine versions of bills
and requiring one concurrent resolution on license plates. Each
license plate request takes legislative attention away from more
pressing state matters and creates state costs of drafting,
duplicating, distributing, posting, scheduling and amending.
Legislatively created fund raising plates require the Division
of Motor Vehicles (DMV) to track and request small amounts of
money for reappropriation. Other plates require the DMV to check
a registrant's status. Two legislatively created license plates
from 1998 have never been issued. The ease of production of
license plates has created interest in specialty plates.
SB 93 proposes an administrative approach which frees up the
legislature for more pressing business, allows for uniform
objective standards to be set by regulation, saves money and
time, and creates a uniform specialty plate design which makes
it easier for law enforcement to recognize plates. Legislators
could refer constituents to the administrative program, rather
than addressing each request through a bill. SB 93 gives the DMV
guidelines for developing the regulations for a specialty plate
program and leaves it up to them to set the specific
regulations.
MS. HART explained that section 1 of SB 93 allows the DMV to
develop and implement regulations to issue special request
plates to any Alaska organization with a 501(c)(3) tax exempt
status. It also allows departments and municipalities to issue
specialty plates. It directs the DMV to design a standard plate
design for all specialty plates, which makes it easier for law
enforcement to identify plates.
Each entity must submit its application on a form provided by
the DMV, pay a fee that is set by regulation, and then submit
registration fees for at least 50 motor vehicles before plates
will be issued. Also, the organization requesting the plates may
not be offensive in purpose, nature, activity or name. DMV will
develop regulations around this statutory requirement. The
organization requesting the plate may charge a fee in addition
to regular registration fees, and then submit the excess fees to
the DMV. For instance, the request for NRA special request
plates has funds in excess which would be returned to a charity.
This bill allows the sponsoring organization to collect all fees
and then pay the $30 fee to DMV and the organization may keep
the rest.
9:14:19 AM
MS. HART further noted that each organization is free to develop
its own policies and procedures for collecting fees. The
regulations also specify that a minimum number of registrations
or renewals of specialty plates must be conducted. Section 2
sets the fee for specialty plates at $30 above regular licensing
fees. The effective date would be January 1, 2012. DMV says it
would not be a problem to implement the regulations by that
date.
9:15:53 AM
SENATOR BILL WIELECHOWSKI, sponsor of SB 93, emphasized that he
did not intend to be critical of other license plates bills.
This is more of a streamlining bill and can also satisfy the
needs of constituents. He asked if his staff knew how the system
is working in other states.
MS. HART answered yes. Pennsylvania is very happy with its
program. They started with a minimum requirement of 300 plates;
now the minimum requirement is one. The program has proven to be
cost effective and easy to administer. They are open to sharing
their procedure with Alaska.
WHITNEY BREWSTER, Director, Division of Motor Vehicles,
Department of Administration, said she was available for
questions.
CHAIR WIELECHOWSKI asked for her thoughts on SB 93.
MS. BREWSTER answered that SB 93 would streamline the process.
CHAIR WIELECHOWSKI noted there was a zero fiscal note.
MS. BREWSTER said she did not believe it would cost anything.
9:19:28 AM
SENATOR PASKVAN asked what she would consider to be a basis for
denial.
MS. BREWSTER stated the DMV has existing regulations regarding
personalized plates and their denial. She said that symbols or
letters in a combination that demeans an ethnic, religious, or
racial group, or is otherwise vulgar, indecent or offensive will
be denied. In those instances when personalized plates fit that
description, they do recall the plate and give the individual
the ability to go through the administrative hearing process.
Organizations could also go through that process.
SENATOR PASKVAN asked if there would be the potential to stop a
message if it was distasteful to the majority of people.
MS. BREWSTER replied if the message was patently offensive to
the ordinary person the division could go through the process.
Standards would be set in regulation.
SENATOR PASKVAN noted that what would be offensive to one may be
a core message to another.
MS. BREWSTER answered she did not disagree. This is a difficult
topic. DMV uses the standard, is it demeaning to a religious or
ethnic group or does it have sexual connotations.
SENATOR PASKVAN asked how the state can expect to prevent people
from putting an offensive message on a license plate if it
doesn't have the ability to take a similarly offensive bumper
sticker off a vehicle.
MS. BREWSTER said there is a process in place, and court cases
regarding license plates say it is a freedom of speech issue.
SENATOR MEYER asked if Ms. Brewster could assure him that she
would be at the DMV for the next 100 or 200 years it would be
fine. The concern is what happens after she is gone. How do we
define offensive in purpose, nature, activity or name. For this
to work there need to be tight regulations in place. He then
asked if she could explain the administrative hearing process.
MS. BREWSTER said the DMV has three administrative hearing
officers who hear a number of issues, from DUI revocation to
personalized plate revocation. The DMV has software that will
weed out many offensive plates. Sometimes combinations slip
through the cracks. When notified of this by law enforcement or
the public, the DMV looks at the plate against current
regulations and if the plate violates regulations they will
inform the person via certified mail that they will revoke the
license plate. They also give them information on requesting an
administrative hearing, and inform them that they can change
their plate free of charge. If they do request a hearing, the
hearing officer looks at the case and makes a determination
based on regulations and existing Alaska court cases.
SENATOR MEYER asked who pays for the administrative hearing.
9:29:36 AM
MS. BREWSTER answered it falls under the operations of DMV.
SENATOR MEYER asked if this would be an added cost to DMV.
MS. BREWSTER responded she did not foresee a large increase in
hearings
SENATOR MEYER noted SB 93 says that before the plate will be
issued, there must be at least 50 vehicles, and asked how that
would work.
MS. BREWSTER said the fees would be collected by the
organization and submitted with the application.
SENATOR MEYER commented that the way other states do this is
mixed, and he can see a lot of benefits to having the process
streamlined.
CHAIR WIELECHOWSKI asked about court cases. Roughly half the
states have this process, so there may be a well-established
body of case law.
MS. BREWSTER answered that courts have consistently ruled if a
state allows specialty license plates, then it is a billboard
for that person or organization. There is a substantial body of
decisions to direct hearing officers.
9:33:39 AM
CHAIR WIELECHOWSKI closed public testimony and announced that SB
93 would be held in committee.
SB 2-LICENSE PLATES: NATIONAL RIFLE ASSN.
9:36:52 AM
CHAIR WIELECHOWSKI announced the next order of business to be SB
2.
SENATOR PASKVAN moved to adopt work draft committee substitute
(CS) for SB 2( ), labeled 27-LS0016\I, as the working document.
CHAIR WIELECHOWSKI objected for discussion purposes.
SENATOR LINDA MENARD, sponsor of SB 2 stated that she was a
lifetime member of the National Rifle Association (NRA). She
noted the proposed committee substitute adds specialty plates
for breast cancer awareness. Money left over from the NRA plates
after the fees are paid may be appropriated for youth shooting
programs. Laws like these are of interest to her constituency.
They may not be weighty issues, but to some they mean a lot.
There is no fiscal note.
MICHAEL ROVITO, staff to Senator Linda Menard, added that 26
states have breast cancer awareness plates. Currently about 8
states have NRA plates, and others are considering them.
CHAIR WIELECHOWSKI asked about the price of the plates.
SENATOR MENARD said she thought $50 was a reasonable amount to
charge for NRA plates because the excess funds go to youth
safety programs. She noted that Senator Huggins was also a co-
sponsor, along with Senators Meyer and Giessel.
MS. BREWSTER said she was available for questions.
9:40:11 AM
CHAIR WIELECHOWSKI asked if she could speak about how the DMV
administers these requests when there are excess funds going to
specific programs.
WHITNEY BREWSTER, Director, Division of Motor Vehicles,
Department of Administration, said specialty license plates that
are fund raisers are accounted for separately for appropriation
by the legislature. Dealing with plates having excess funds
costs the DMV about $10 for each set, plus shipping charges.
These funds go into the general fund.
NEIL MOSS, Alaska State Director, Scholastic Clay Target Program
(SCTP), said that Alaska has more NRA members per capita than
any other state in the union. Youth shooting sports are always
looking for funds for targets, shells, firearms, and safety
literature. SB 2 would provide funds for these programs
9:42:52 AM
SENATOR KOOKESH joined the meeting.
MR. MOSS further noted that SB 2 would be a great fund raiser. A
similar program has been very successful in Tennessee. SCTP is a
501 (c)(3) nonprofit corporation, and the funds collected would
be available to any youth shooting organization in the state.
CHAIR WIELECHOWSKI closed public testimony on SB 2.
9:45:36 AM
CHAIR WIELECHOWSKI asked if excess funds from the breast cancer
awareness plates would go into the general fund.
SENATOR MEYER responded she believed they would go into the
general fund.
CHAIR WIELECHOWSKI said SB 2 would be held in committee.
SB 16-SPECIAL REQUEST LICENSE PLATES
9:46:48 AM
CHAIR WIELECHOWSKI announced the next order of business would be
SB 16.
SENATOR PASKVAN moved to adopt proposed committee substitute
CSSB 16 ( ), labeled 27-LS0120\D, as the working document.
CHAIR WIELECHOWSKI objected for discussion purposes.
MICHELLE SYDEMAN, staff to Senator Bill Wielechowski, said there
is only one change in the proposed CS from the original bill,
which is the inclusion of a pro-family, pro-choice license
plate. On page 2 an addition to the bill establishes where those
excess funds would go.
SENATOR KEVIN MEYER, sponsor of SB 16, said his comments would
be geared to the original bill and not the CS. The message of SB
16 is Choose Life. There are lots of specialty license plate
bills, but this one is taking a different approach. This is not
a fund raiser; the funds collected are only to cover costs. He
noted that 26 other states have Choose Life license plates. His
constituents want this, and he personally likes the idea. It is
a pro adoption message and a strong pro life message, but also a
message about suicide prevention. Choose Life can mean whatever
you want it to mean.
9:51:28 AM
JEFF MITTMAN, Executive Director, American Civil Liberties Union
(ACLU) of Alaska, said that specialty license plates raise free
speech issues. SB 93 covers the issue more generally, because it
allows any organization to submit a message. The CS addresses a
concern with SB 16 as originally offered. The process needs to
be neutral.
RUSS AMERLING, National Publicity Coordinator, Choose Life
License Plates, said there are 26 states that have Choose Life
plates. The license plate in all other states is a fundraiser.
The message is a message of life, choose adoption.
JIM MINNERY, Alaska Family Council, said he wanted to emphasize
the option of celebrating adoption. SB 16 has the full support
of the Alaska Family Council.
9:55:17 AM
MIKE PAULSEN, Chairman, Choose Life Alaska, said he was
available for questions.
KELLY FOREMAN, Choose Life Alaska, said this issue has been
discussed by their organization for two years. The Choose Life
plate has already been designed to DMV specifications. She said
the additional plate added by the CS should be required to go
through its own legislative process.
BOB HEAD, Director, American Family Association of Alaska,
Juneau, said he has raised an adopted son. He feels that Choose
Life is an extremely important message.
SYD HIEDERSDORF, Juneau, testified on his own behalf in support
of SB 16. He said the Choose Life message promotes the culture
of life. Opposition to this message is a result of the abortion
mentality in this country. His testimony is based on the
specific issue of Choose Life, not the CS which includes a
Planned Parenthood type amendment. He hopes the committee will
support the idea of Choose Life.
10:00:50 AM
CAREN ROBINSON, lobbyist, representing Alaska Women's' Lobby and
Alaska Planned Parenthood of the Greater Northwest, testified in
support of the proposed CS. She said the organizations she
represents are in support of anything that helps people to make
good choices. She also raised the possibility of additional
dollars going to the Alaska Children's Trust from these
specialty plates. The trust already has license plates so the
funding process might already be in place at DMV.
CHAIR WIELECHOWSKI closed public testimony [and held SB 16 in
committee].
10:02:00 AM
There being no further business to come before the committee,
Chair Wielechowski adjourned the Senate State Affairs Standing
Committee meeting at 10:02 a.m.