Legislature(2011 - 2012)CAPITOL 106

04/07/2011 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+ SB 31 COUNTING OF WRITE-IN VOTES TELECONFERENCED
Moved HCS CSSB 31(STA) Out of Committee
<Bill Hearing Rescheduled from 4/5/11>
+ SB 93 SPECIALTY LICENSE PLATES TELECONFERENCED
Heard & Held
<Bill Hearing Rescheduled from 4/5/11>
                SB  93-SPECIALTY LICENSE PLATES                                                                             
                                                                                                                                
9:47:27 AM                                                                                                                    
                                                                                                                                
VICE CHAIR KELLER  announced that the last order  of business was                                                               
SENATE  BILL  NO.  93,  "An   Act  relating  to  special  request                                                               
specialty organization registration plates;  and providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
9:47:46 AM                                                                                                                    
                                                                                                                                
KARLA  HART,  Staff,  Senator  Bill  Wielechowski,  Alaska  State                                                               
Legislature,  presented  SB 93  on  behalf  of the  Senate  State                                                               
Affairs   Standing   Committee,   sponsor,   on   which   Senator                                                               
Wielechowski is  chair.   She said  specialty license  plates are                                                               
sweeping  the   country,  with  technological   changes  allowing                                                               
efficient,  economical printing  of  designs on  demand, and  the                                                               
proposed legislation not only would  address people's interest in                                                               
these  license   plates,  but  also   the  amount  of   time  the                                                               
legislature  spends  considering  [requests for  new  specialized                                                               
plate  designs].   She noted  that  currently about  half of  the                                                               
states  allow   administrative  approval  of   specialty  license                                                               
plates.                                                                                                                         
                                                                                                                                
MS. HART related  that which SB 93 would accomplish,  as shown in                                                               
the lower  portion of the one-page  sponsor's statement [included                                                               
in  the  committee  packet],  which  read  as  follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
                                                                                                                                
                                                                                                                                
     develop a procedure for administrative review and                                                                          
     award of specialty license plates.                                                                                         
                                                                                                                                
                                                                                                                                
     specialty plates will be easily readable and                                                                               
     recognizable for law enforcement.                                                                                          
                                                                                                                                
                                                                                                                                
     that will apply to all specialty license plates.                                                                           
                                                                                                                                
                                                                                                                                
     administrative responsibilities of confirming                                                                              
     eligibility, collecting and accounting for funds for                                                                       
     the non-profit, and developing the license plate                                                                           
     artwork and design are transferred to the sponsoring                                                                       
     organization. DMV processing of plate applications is                                                                      
     streamlined as the applications will be submitted in                                                                       
     batches by sponsoring organizations.                                                                                       
                                                                                                                                
                                                                                                                                
     registration fee covers the cost of producing and                                                                          
     issuing the specialty plates.                                                                                              
                                                                                                                                
MS.  HART   said  after   researching  other   states'  programs,                                                               
Pennsylvania's program was selected as the  model for SB 93.  She                                                               
said  DMV supports  the proposed  legislation, and  has told  the                                                               
bill sponsor  that it would  have no problem  getting regulations                                                               
in  place by  the  effective date.   She  emphasized  that SB  93                                                               
neither  would  preclude  the  legislature  from  passing  future                                                               
license plate bills nor impact  any license plate bills that have                                                               
already passed.                                                                                                                 
                                                                                                                                
9:52:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  directed attention to language  on page 2,                                                               
line 6, of  SB 93, which would require  regulation providing that                                                               
the  entity  requesting  the  issuance   of  the  plates  "submit                                                               
registration  fees   for  at  least  50   motor  vehicles  before                                                               
specialty registration plates will be  issued".  He asked if that                                                               
number could be changed to 10 and remain just as effective.                                                                     
                                                                                                                                
MS. HART answered  yes.  She said the numbers  vary widely across                                                               
the country and  partly are a function of state  population.  She                                                               
said  Pennsylvania's  model  started  out at  300,  dropped  that                                                               
number to  50-100, and currently  require a minimum of  only one,                                                               
because the program is working so well and pays for itself.                                                                     
                                                                                                                                
9:53:33 AM                                                                                                                    
                                                                                                                                
VICE CHAIR  KELLER questioned whether  specialty plates  would be                                                               
used for campaign purposes, and he  asked if that is a concern in                                                               
other states.                                                                                                                   
                                                                                                                                
MS. HART  responded that some  states have set in  regulation and                                                               
others through  statute that  the theme of  the plates  should be                                                               
nonpolitical.     She  said  she   does  not  know  if   that  is                                                               
specifically  defined in  SB 93  or whether  candidates generally                                                               
run via their own nonprofit organizations.                                                                                      
                                                                                                                                
VICE CHAIR KELLER said he sees that as a potential problem.                                                                     
                                                                                                                                
9:55:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON suggested that  people likely would not opt                                                               
for a campaign specialty license  plate, since they would then be                                                               
stuck with that plate for a long time.                                                                                          
                                                                                                                                
VICE CHAIR disagreed.                                                                                                           
                                                                                                                                
9:55:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  directed attention to language  on page                                                               
2,  line 8,  which  read:   "may  not  be  offensive in  purpose,                                                               
nature,  activity,   or  name".     He  expressed   concern  that                                                               
disallowing  that  which is  "offensive"  may  infringe on  First                                                               
Amendment rights.                                                                                                               
                                                                                                                                
MS. HART,  in response  to Representative  Gruenberg, said  SB 93                                                               
had not been referred to the House Judiciary Standing Committee.                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG  related that a  case having to  do with                                                               
First Amendment rights and New  Hampshire's license plate made it                                                               
to the U.S. Supreme Court.                                                                                                      
                                                                                                                                
9:57:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  questioned whether the language  on page                                                               
2, line 8, is already a requirement for specialized plates.                                                                     
                                                                                                                                
9:57:30 AM                                                                                                                    
                                                                                                                                
STACY OATES, Administrative Officer,  Division of Motor Vehicles,                                                               
Department  of  Administration,  indicated that  the  information                                                               
regarding profanity  is, in part,  in regulations.  She  said the                                                               
division is  well aware of  the court's decisions  regarding free                                                               
speech and  license plates.   She  said if  someone objects  to a                                                               
decision  by the  division not  to okay  a license  plate design,                                                               
then a hearing procedure is followed.   She said the division has                                                               
been dealing with this issue  since the existence of personalized                                                               
plates, and she  said she does not foresee  any different process                                                               
would result under [SB 93].                                                                                                     
                                                                                                                                
9:58:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  he  would like  a  copy  of  the                                                               
regulations  and the  statute upon  which  those regulations  are                                                               
promulgated.                                                                                                                    
                                                                                                                                
MS. OATES said she would procure that for the committee.                                                                        
                                                                                                                                
MS. HART  noted that there  is one  9th Circuit Court  of Appeals                                                               
ruling  regarding  licenses  plates, which  supports  freedom  of                                                               
speech,  and  she said  she  would  get a  copy  of  that to  the                                                               
committee.                                                                                                                      
                                                                                                                                
[SB 93 was held over.]                                                                                                          

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