Legislature(2011 - 2012)

04/17/2011 04:36 PM Joint HB19


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04:36:02 PM Start
04:36:32 PM HB19|| SB93
05:16:24 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                                                                                
             HB  19-SPECIAL REQUEST LICENSE PLATES                                                                            
                                                                                                                                
4:36:32 PM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced that the only order of business would be                                                                   
HOUSE BILL NO. 19, "An Act relating to special request                                                                          
registration plates; and providing for an effective date."                                                                      
                                                                                                                                
[Contains discussion of SB 93.]                                                                                                 
                                                                                                                                
4:37:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  explained the process that  would be taken                                                               
during the conference committee.                                                                                                
                                                                                                                                
4:39:02 PM                                                                                                                    
                                                                                                                                
SENATOR MEYER  asked for  an explanation of  the two  versions of                                                               
the bill before the committee.                                                                                                  
                                                                                                                                
4:39:26 PM                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI   stated  his  understanding  that   HB  19                                                               
proposed one  license plate, which read,  "In God We Trust."   He                                                               
said [SB  93, which he  sponsored,] sought to eliminate  the need                                                               
for any further  license plate bills.  He relayed  that in SCS HB
19(STA),  the Senate  amended HB  19 to  include all  the license                                                               
plates that  were proposed in  2011, as  well as to  add language                                                               
from SB 93,  which would give the Division of  Motor Vehicles the                                                               
authority  to issue  specialty license  plates  - something  that                                                               
currently is done in 24 other states.                                                                                           
                                                                                                                                
CHAIR  LYNN  offered  his understanding  that  the  committee  is                                                               
unanimous in being weary of hearing license plate bills.                                                                        
                                                                                                                                
The committee took an at-ease from 4:41 p.m. to 4:42 p.m.                                                                       
                                                                                                                                
4:42:41 PM                                                                                                                    
                                                                                                                                
SENATOR MENARD moved to accept SCS HB 19(STA).                                                                                  
                                                                                                                                
4:43:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON objected for the purposes of discussion.                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI expressed his support of the motion.                                                                       
                                                                                                                                
CHAIR LYNN  stated for  the record that  he supported  the motion                                                               
made on  the House floor to  concur with the changes  made by the                                                               
Senate, but 28 of the 40 House members did not.                                                                                 
                                                                                                                                
4:43:53 PM                                                                                                                    
                                                                                                                                
SENATOR MEYER  said the Senate  had voted unanimously  in support                                                               
of  SCS HB  19(STA), but  the conference  committee must  come up                                                               
with a solution upon which both bodies can agree.                                                                               
                                                                                                                                
REPRESENTATIVE HOLMES  pointed out that although  the three House                                                               
members  on the  conference  committee supported  SCS HB  19(STA)                                                               
when it  came across  the House floor,  they are  responsible for                                                               
representing the will of the entire body.                                                                                       
                                                                                                                                
4:44:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON maintained his objection.                                                                                 
                                                                                                                                
4:44:39 PM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Holmes, Seaton, and                                                               
Lynn  voted  against  the  motion   to  accept  SCS  HB  19(STA).                                                               
Senators Menard,  Wielechowski, and Meyer  voted in favor  of it.                                                               
Therefore,  the motion  to accept  SCS HB  19(STA) failed  with a                                                               
vote  of 0-3  from  the House  members and  3-0  from the  Senate                                                               
members.  [Please  note that a majority of the  membership of the                                                               
committee from each  house must be in agreement in  order to take                                                               
action in a conference committee.]                                                                                              
                                                                                                                                
4:45:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved to accept HB 19.                                                                                    
                                                                                                                                
4:45:21 PM                                                                                                                    
                                                                                                                                
SENATOR MEYER  objected.  He  explained that HB 19  only includes                                                               
one license  plate, and all the  license plates have merit.   So,                                                               
too,  does Senator  Wielechowski's idea  of "getting  out of  the                                                               
plate business," he added.                                                                                                      
                                                                                                                                
4:46:12 PM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Holmes, Seaton, and                                                               
Lynn voted  in favor  of the  motion to accept  HB 19.   Senators                                                               
Menard,  Wielechowski, and  Meyer voted  against it.   Therefore,                                                               
the motion  to accept HB  19 failed with a  vote of 3-0  from the                                                               
House  members and  0-3 from  the Senate  members.   [Please note                                                               
that  a majority  of the  membership of  the committee  from each                                                               
house  must  be  in  agreement  in order  to  take  action  in  a                                                               
conference committee.]                                                                                                          
                                                                                                                                
4:47:23 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:47 p.m. to 4:50 p.m.                                                                       
                                                                                                                                
4:50:36 PM                                                                                                                    
                                                                                                                                
CHAIR LYNN explained  that during the at-ease,  the committee had                                                               
signed  a  conference  committee report  showing  that  committee                                                               
members had  failed to  agree to  accept either HB  19 or  SCS HB
19(STA).                                                                                                                        
                                                                                                                                
4:50:55 PM                                                                                                                    
                                                                                                                                
SENATOR  MENARD asked  which license  plates included  in SCS  HB
19(STA) were objected to by the House.                                                                                          
                                                                                                                                
4:51:27 PM                                                                                                                    
                                                                                                                                
CHAIR LYNN  related his  understanding that  there had  been some                                                               
disagreement regarding  the "Choose Life" and  ["Pro-Family, Pro-                                                               
Choice"] plates.  However, the  major issue and, he ventured, the                                                               
main reason SCS  HB 19(STA) was not supported on  the House floor                                                               
was  that it  would  give authority  to the  DMV  to control  the                                                               
issuance  of  specialty  plates.     He  noted  that  in  private                                                               
conversation,  some  members  had  thought  of  terrible  license                                                               
plates that might be allowed by the DMV.                                                                                        
                                                                                                                                
SENATOR MENARD asked  if these awful examples were  seen in other                                                               
states or concocted  in the members' imaginations.   She said she                                                               
was comfortable with the restrictions  that were in place for the                                                               
DMV in SCS HB 19(STA).                                                                                                          
                                                                                                                                
CHAIR LYNN  said he  does not  recall any  comments on  the House                                                               
floor  about  [distasteful]  license   plates  allowed  in  other                                                               
states.                                                                                                                         
                                                                                                                                
4:53:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  relayed that a handful  of Representatives                                                               
had indicated that  they would not support  further license plate                                                               
legislation.   She  echoed  Chair Lynn's  comment  that the  main                                                               
reason for  objection to SCS  HB 19(STA)  was that it  would give                                                               
too much authority to the DMV.   She told Senator Menard that the                                                               
examples  heard  of  bad  license plates  in  other  states  were                                                               
hypothetical.   She relayed that  after the  conference committee                                                               
was assigned, some  members came to her  expressing concern about                                                               
the "Choose Life" and "Pro-Family, Pro-Choice" license plates.                                                                  
                                                                                                                                
4:55:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  recollected that  it was three  people who                                                               
objected  to  further license  plate  bills.    The rest  of  the                                                               
debate, he said, was the  question about the authority that would                                                               
be granted to the DMV.                                                                                                          
                                                                                                                                
4:56:43 PM                                                                                                                    
                                                                                                                                
SENATOR  MENARD   indicated  that  some   legislators,  including                                                               
herself,  had given  up their  own license  plate legislation  to                                                               
support  [SB  93], and  she  questioned  whether the  handful  of                                                               
legislators reported  to have objected  to further  license plate                                                               
bills would have [held the same  opinion] if those bills had been                                                               
their own.   She further indicated that [SB 93]  would have still                                                               
given  room  for [the  specialty  license  plates] that  she  and                                                               
others  had supported,  because the  DMV  would be  in charge  of                                                               
monitoring specialty license  plates.  She stated  her support of                                                               
that transpiring.                                                                                                               
                                                                                                                                
4:58:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON said  he  agrees with  Senator Menard;  he                                                               
said he  does not want  to deal with the  issue.  He  offered his                                                               
understanding  that the  three  members of  the  House who  spoke                                                               
against license  plate bills, were  not specifically  saying they                                                               
would not  vote for another  legislator's license plate  bill but                                                               
were saying  that they  would never propose  one themselves.   He                                                               
said he  does not  think the legislature  should be  dealing with                                                               
individual   license   plate   bills,  but   that   opinion   was                                                               
contradicted by the majority of House members.                                                                                  
                                                                                                                                
4:58:38 PM                                                                                                                    
                                                                                                                                
CHAIR LYNN  noted that the issue  of giving power to  the DMV was                                                               
part  of  SB 93  and  was  debated  in  the House  State  Affairs                                                               
Standing  Committee meeting  and not  really anywhere  else.   He                                                               
noted that SB 93 is currently in the House Finance Committee.                                                                   
                                                                                                                                
SENATOR  MEYER  said when  he  first  heard  the concept  he  was                                                               
worried about giving  so much power to the DMV;  however, he said                                                               
he thinks Senator Wielechowski put  enough safeguards in place in                                                               
SB 93.   He indicated that educating other  members may alleviate                                                               
their concerns on  that issue.  He  said he does not  know if the                                                               
co-chair of the  House Finance Committee has  scheduled a hearing                                                               
so that more House members can discuss SB 93.                                                                                   
                                                                                                                                
5:00:43 PM                                                                                                                    
                                                                                                                                
CHAIR LYNN  said that a  co-chair of the House  Finance Committee                                                               
had  expressed willingness  to hear  SB  93, but  that he,  Chair                                                               
Lynn, had opined  that there was no need because  HB 19 was going                                                               
to the  House floor and  had parts  of SB 93  incorporated within                                                               
it.  He explained  he did not want the load  of the House Finance                                                               
Committee increased.                                                                                                            
                                                                                                                                
5:01:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  clarified  that   "this  wasn't  a  brief                                                               
conversation."   He  offered further  details.   He stated,  "The                                                               
education  process in  the House  would  have to  go through  the                                                               
committee  process, I  think, to  do  ... that,  and that's  what                                                               
we've been set here to do is  to negotiate, if we can, a solution                                                               
to go forward."                                                                                                                 
                                                                                                                                
5:02:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved to adopt Amendment 1, as follows:                                                                   
                                                                                                                                
     Page 3, beginning on line 1:                                                                                               
          Delete subsection (hh)                                                                                                
                                                                                                                                
5:02:46 PM                                                                                                                    
                                                                                                                                
SENATOR MEYER objected for the purposes of discussion.                                                                          
                                                                                                                                
5:03:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES pointed  out that paragraph (25)  on page 5                                                               
should also be deleted.                                                                                                         
                                                                                                                                
REPRESENTATIVE SEATON  moved to  adopt an amendment  to Amendment                                                               
1, to also delete paragraph (25) on page 5, lines 16-21.                                                                        
                                                                                                                                
SENATOR MEYER objected for the purposes of discussion.                                                                          
                                                                                                                                
5:04:08 PM                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  said he  thinks  SCS  HB 19(STA)  was  the                                                               
compromise, and he would object to the motion.                                                                                  
                                                                                                                                
5:05:33 PM                                                                                                                    
                                                                                                                                
SENATOR MENARD  said no  matter the outcome  of the  motions, she                                                               
would  like  to see  legislation  addressing  this license  plate                                                               
issue heard next year.                                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI said he is not  wed to the bill, but thought                                                               
it  was something  that  would create  some  efficiency and  give                                                               
constituents what they want.  He maintained his objection.                                                                      
                                                                                                                                
5:07:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES said  she likes  the idea  of getting  the                                                               
legislature out of the license  plate business.  She relayed that                                                               
she  would support  the motion,  but  wants strong  consideration                                                               
given  next  year.    She   stated,  "I  really  applaud  Senator                                                               
Wielechowski's efforts in trying to  get this off our plates, and                                                               
I will be a strong supporter of that next year."                                                                                
                                                                                                                                
5:08:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON said he is pleased  to hear that [SB 93] is                                                               
still alive and that the  co-chair of the House Finance Committee                                                               
had offered  to hear it, because  he said he thinks  that is what                                                               
is  needed.    He  opined,  "I think  moving  ahead  without  the                                                               
complications of  having both the  ... individual plates  and the                                                               
issue tied together ... will be easier to limit controversy."                                                                   
                                                                                                                                
5:10:03 PM                                                                                                                    
                                                                                                                                
SENATOR  MEYER  removed his  objection  to  the motion  to  amend                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
5:10:29 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 5:10 p.m. to 5:12 p.m.                                                                       
                                                                                                                                
5:12:01 PM                                                                                                                    
                                                                                                                                
SENATOR  MEYER said  he will  support the  motion, [as  amended],                                                               
although he thinks  that Senator Wielechowski and  the Senate did                                                               
the right thing by  giving the authority to the DMV.   He said he                                                               
has  a personal  interest in  the bill,  as does  Senator Menard,                                                               
because of  certain license plates that  are included in it.   He                                                               
said he would  personally speak with Representative  Stoltze.  He                                                               
said,  "This is  the only  way  you can  get rid  of the  license                                                               
plates is to have  somebody else deal with it."   He said this is                                                               
the process  by which to  help constituents  who are in  favor of                                                               
certain license plates.   He concluded, "It is  with concern that                                                               
we do not include the DMV director at this time."                                                                               
                                                                                                                                
5:14:07 PM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Holmes, Seaton, and                                                               
Lynn  voted in  favor  of the  motion to  adopt  Amendment 1,  as                                                               
amended.  Senators Menard and Meyer  voted in favor of the motion                                                               
to adopt Amendment 1, as  amended, and Senator Wielechowski voted                                                               
against  it.   Therefore, the  motion  to adopt  Amendment 1,  as                                                               
amended, passed with a vote of  3-0 from the House members and 2-                                                               
1 from  the Senate members.   [This language was  adopted pending                                                               
the  granting of  limited powers  of free  conference, which  was                                                               
granted.]                                                                                                                       

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