Legislature(2011 - 2012)BUTROVICH 205

03/15/2011 01:00 PM Senate TRANSPORTATION


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01:00:32 PM Start
01:03:16 PM SB93
01:32:33 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 93 SPECIALTY LICENSE PLATES TELECONFERENCED
Moved SB 93 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                         March 15, 2011                                                                                         
                           1:00 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Albert Kookesh, Chair                                                                                                   
Senator Joe Thomas, Vice Chair                                                                                                  
Senator Dennis Egan                                                                                                             
Senator Linda Menard                                                                                                            
Senator Charlie Huggins                                                                                                         
                                                                                                                                
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."                                                                      
                                                                                                                                
     - MOVED SB 93 OUT OF COMMITTEE                                                                                             
                                                                                                                                
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                                                                           
02/22/11       (S)       Heard & Held                                                                                           
02/22/11       (S)       MINUTE(STA)                                                                                            
03/01/11       (S)       STA RPT  2DP 2NR                                                                                       
03/01/11       (S)       DP: WIELECHOWSKI, PASKVAN                                                                              
03/01/11       (S)       NR: GIESSEL, MEYER                                                                                     
03/01/11       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/01/11       (S)       Moved SB  93 Out of Committee                                                                          
03/01/11       (S)       MINUTE(STA)                                                                                            
03/15/11       (S)       TRA AT 1:00 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR BILL WIELECHOWSKI                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Sponsor of SB 93.                                                                                        
                                                                                                                                
KARLA HART, Staff                                                                                                               
Senator Bill Wielechowski                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Provided information on SB 93.                                                                           
                                                                                                                                
JEFFERY MITTMAN, Executive Director                                                                                             
ACLU-Alaska                                                                                                                     
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:   Testified  that  SB  93 will  likely  pass                                                             
constitutional review if it remains viewpoint neutral.                                                                          
                                                                                                                                
STACY OATES, Administrative Officer                                                                                             
Division of Motor Vehicles                                                                                                      
Department of Administration                                                                                                    
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Answered questions related to SB 93.                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:00:32 PM                                                                                                                    
CHAIR ALBERT  KOOKESH called  the Senate  Transportation Standing                                                             
Committee meeting to  order at 1:00 p.m.  Senators Huggins, Egan,                                                               
Thomas, and Kookesh were present at the call to order.                                                                          
                                                                                                                                
                SB  93-SPECIALTY LICENSE PLATES                                                                             
                                                                                                                                
1:03:16 PM                                                                                                                    
CHAIR KOOKESH  announced the consideration  of SB 93  relating to                                                               
specialty license plates.                                                                                                       
                                                                                                                                
1:03:38 PM                                                                                                                    
SENATOR  BILL WIELECHOWSKI,  sponsor of  SB 93,  said he  got the                                                               
idea to  streamline the specialty  license plate  process several                                                               
years ago. Rather  than a legislator filing a new  bill each time                                                               
a  constituent requests  a specialty  plate,  the entire  process                                                               
could be turned  over to the Division of Motor  Vehicles (DMV). A                                                               
number  of specialty  license plate  bills  were introduced  this                                                               
year and as chair of the  State Affairs committee he decided this                                                               
was time  and place to address  the issue. He approached  the DMV                                                               
and received an enthusiastic response.                                                                                          
                                                                                                                                
1:04:31 PM                                                                                                                    
SENATOR MENARD joined the hearing.                                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI confirmed  that this does not  take away the                                                               
ability of any  legislator to file in the future  for a specialty                                                               
plate. It's just  the process that would be  different. DMV would                                                               
adopt regulations to  allow it to issue specialty  plates and the                                                               
organization  would  need  to  meet   certain  criteria  such  as                                                               
submitting  registration fees  for  a minimum  number of  plates.                                                               
About  half the  states have  a system  in place  where 501(c)(3)                                                               
nonprofits or similar  groups can request a  specialty plate from                                                               
the state DMV.  His staff talked to at least  one of those states                                                               
and learned that the process works well.                                                                                        
                                                                                                                                
SENATOR  MENARD asked  if would  require DMV  to hire  additional                                                               
staff.                                                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  said the fiscal  note is zero; the  cost of                                                               
the license plates will offset the costs.                                                                                       
                                                                                                                                
SENATOR MENARD asked how many states have adopted this process.                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  said he  believes 20  other states,  but he                                                               
would defer to his staff.                                                                                                       
                                                                                                                                
CHAIR KOOKESH said he'd take committee questions first.                                                                         
                                                                                                                                
SENATOR EGAN  thanked the  sponsor and his  staff for  the common                                                               
sense sponsor statement.                                                                                                        
                                                                                                                                
1:07:47 PM                                                                                                                    
SENATOR THOMAS  commented that he  can't imagine that  this won't                                                               
cost something and  he wonders why the state doesn't  just say it                                                               
isn't  going to  do this  anymore. Then  people can  get whatever                                                               
attachment  they want  for  their  license. These  advertisements                                                               
could be nationally produced.                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI said  he thought of two bills;  this one and                                                               
another that eliminated specialty  plates. If the committee feels                                                               
that's  a  better  route,  he  said  he  would  be  open  to  the                                                               
suggestion.                                                                                                                     
                                                                                                                                
SENATOR EGAN asked  about putting a specialty plate  on the front                                                               
and a regular plate on the back as other states do.                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI said he believes  that Alaska law requires a                                                               
plate on  both the front and  back and two separate  plates would                                                               
likely cost more.                                                                                                               
                                                                                                                                
1:10:54 PM                                                                                                                    
SENATOR EGAN  said it costs the  state more to produce  the front                                                               
and back license and lots of people have only one.                                                                              
                                                                                                                                
CHAIR  KOOKESH pointed  out that  some plates  are fund  raisers,                                                               
cancer  for example,  and he  would be  reluctant to  get rid  of                                                               
those.                                                                                                                          
                                                                                                                                
SENATOR  WIELECHOWSKI said  this  bill doesn't  address that;  if                                                               
there was a desire, a legislator  could still file a bill to have                                                               
a certain amount  go to a particular cause. He  noted that Alaska                                                               
has about 100 specialty plates right now.                                                                                       
                                                                                                                                
CHAIR KOOKESH said  he brought it up because of  the comment that                                                               
specialty license plates could be  eliminated altogether. Some of                                                               
these plates bring in money for worthy causes.                                                                                  
                                                                                                                                
1:12:50 PM                                                                                                                    
KARLA  HART,  staff  to   Senator  Wielechowski,  said  specialty                                                               
license plates  are sweeping  the country;  Alaska has  over 100.                                                               
Modern technology makes them easy to develop and manufacture.                                                                   
                                                                                                                                
Specialty  plates developed  through the  Legislature are  unique                                                               
and  the costs  vary.  Legislatively  created fundraising  plates                                                               
require the DMV to track  and request for re-appropriation, small                                                               
and varied  amounts of  money. One  bill might  have a  $30 plate                                                               
with excess revenue going to a  fundraiser and another might be a                                                               
$100 plate with excess revenue  going back into the general fund.                                                               
There is disparity  by virtue of the process and  how plates have                                                               
been developed.                                                                                                                 
                                                                                                                                
Other plates  require the DMV  to verify that a  person qualifies                                                               
for  a particular  plate  such as  presenting  evidence that  the                                                               
owner served  in combat.  This can  create a  burden on  the DMV.                                                               
There   is  a   better   way.  About   half   the  states   allow                                                               
administrative  approval for  license  plates and  most of  those                                                               
states  also  allow  the Legislature  to  issue  license  plates.                                                               
Pennsylvania appeared  to have the most  straightforward approach                                                               
and this  legislation is modeled  on that  law. It gives  the DMV                                                               
authority to  develop a procedure  for administrative  review and                                                               
award  of specialty  license  plates. DMV  would  be required  to                                                               
develop  a standard  template so  that all  specialty plates  are                                                               
readable   and   recognizable   by  law   enforcement.   Standard                                                               
regulations,  fees   and  procedures  would  apply   so  that  an                                                               
organization  that wants  a  specialty plate  will  know what  it                                                               
needs to  accomplish in order  to get the  plate. This will  be a                                                               
cost-savings    for    the    state   as    the    administrative                                                               
responsibilities  of   confirming  eligibility,   collecting  and                                                               
accounting for  the funds for  the nonprofit, and  developing the                                                               
license  plate   artwork  and  design  are   transferred  to  the                                                               
sponsoring  organization. These  costs aren't  huge but  they are                                                               
time-consuming.                                                                                                                 
                                                                                                                                
DMV  processing  of plate  applications  will  be streamlined  as                                                               
applications  will  be submitted  in  batches  by the  sponsoring                                                               
organization.  DMV considers  this  legislation revenue  neutral.                                                               
The  $30  specialty-plate registration  fee  covers  the cost  of                                                               
producing and  issuing specialty plates  with a cushion  to cover                                                               
inflation for  a number of years.  If the fees were  increased in                                                               
the future  this allows  an overall change,  not piecemeal  as is                                                               
the  case  now.  This  does not  preclude  the  Legislature  from                                                               
issuing  further  specialty license  plates;  it  does provide  a                                                               
simple  and   straightforward  option  for  an   organization  or                                                               
interest group  that has a  desire to create a  specialty license                                                               
plate.                                                                                                                          
                                                                                                                                
MS. HART said  she hasn't seen any indication  that this resulted                                                               
in increased  staff cost  in other states.  In large  part that's                                                               
due to  batching and that  the administrative part is  handled by                                                               
the  organization  itself, not  division  staff.  With regard  to                                                               
saying  no  to  specialty  plates, she  said  California  created                                                               
specialty plates strictly  for money making and  not for charity.                                                               
It appears that  program is on hiatus, but in  general states are                                                               
trending to the  standardize template. With regard to  a plate on                                                               
only  one  bumper, it  is  state  law to  have  a  plate on  both                                                               
bumpers, she stated.                                                                                                            
                                                                                                                                
1:21:36 PM                                                                                                                    
SENATOR THOMAS asked  who would decide what is  appropriate for a                                                               
specialty plate if this authority were ceded to the DMV.                                                                        
                                                                                                                                
MS.  HART  said  DMV  has already  developed  regulations  and  a                                                               
procedure for the existing  six-letter personalized license plate                                                               
system. The  director indicated that the  division has experience                                                               
screening what might  be inappropriate and would  be well capable                                                               
of making determinations on these specialty plates.                                                                             
                                                                                                                                
SENATOR  MENARD asked  how much  revenue  these specialty  plates                                                               
bring.                                                                                                                          
                                                                                                                                
MS.  HART said  plate  sales  vary but  there  are more  military                                                               
plates  than any  others. In  2009 about  2,450 Army  plates were                                                               
sold; about 300 University of  Alaska Fairbanks (UAF) plates have                                                               
been  sold; and  just  fewer  than 190  have  been  sold for  the                                                               
University of  Alaska Anchorage (UAA).  There are 9  Pearl Harbor                                                               
survivor  plates  in the  state  and  10  prisoner of  war  (POW)                                                               
plates.                                                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI offered to provide a complete list.                                                                        
                                                                                                                                
SENATOR MENARD said she did  some quick calculations and believes                                                               
that it's  worthwhile if $9,000  goes to Cancer Awareness  or the                                                               
NRA, but she  doesn't want to spend considerable time  if only 25                                                               
people participate.                                                                                                             
                                                                                                                                
1:26:57 PM                                                                                                                    
JEFFERY  MITTMAN,   Executive  Director,  ACLU-Alaska,   said  he                                                               
submitted written testimony  on SB 93. Generally,  he said, where                                                               
there is mixed  government and individual speech  there are First                                                               
Amendment issues.  Were the Legislature to  pass legislation that                                                               
is not  viewpoint neutral, it  would run into infirmities  but SB
93 likely will meet constitutional review, he stated.                                                                           
                                                                                                                                
1:28:38 PM                                                                                                                    
STACY OATES, Administrative Officer,  Division of Motor Vehicles,                                                               
Department  of   Administration,  said  she  was   available  for                                                               
questions.                                                                                                                      
                                                                                                                                
SENATOR  THOMAS said  he's trying  to figure  out how  this would                                                               
generate revenue for a charity or specialty organization.                                                                       
                                                                                                                                
MS. OATES explained  that the organization would  collect the $30                                                               
fee for  the plate  and could add  whatever additional  amount it                                                               
wanted.  Only the  $30 would  be transmitted  to the  DMV so  the                                                               
organization would get its money up front.                                                                                      
                                                                                                                                
SENATOR MENARD  mentioned the license  plate bill  she introduced                                                               
and asked if it would cost $80 if she were to get an NRA plate.                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  said bills  under the current  system, like                                                               
SB 2, actually  create more work for DMV. If  DMV collects $50 it                                                               
would put $20 into a  separate but not dedicated savings account.                                                               
The  Legislature then  decides if  it wants  to appropriate  that                                                               
money to  the organization.  Under SB  93 the  organization would                                                               
collect the  $50 and  transmit $30  to the  DMV for  each license                                                               
plate and keep $20 dollars. The bill might create efficiencies.                                                                 
                                                                                                                                
1:32:06 PM                                                                                                                    
CHAIR KOOKESH stated his intention to move the bill and asked                                                                   
for a motion.                                                                                                                   
                                                                                                                                
1:32:21 PM                                                                                                                    
SENATOR MENARD moved to report SB 93 from committee with                                                                        
individual recommendations and attached fiscal note(s). There                                                                   
being no objection, it was so ordered.                                                                                          
                                                                                                                                
1:32:33 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Kookesh adjourned the meeting at 1:32 p.m.                                                                                
                                                                                                                                
                                                                                                                                

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