Legislature(2011 - 2012)BUTROVICH 205
02/22/2011 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB93 | |
| SB2 | |
| SB16 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 93 | TELECONFERENCED | |
| *+ | SB 2 | TELECONFERENCED | |
| *+ | SB 16 | TELECONFERENCED | |
SB 93-SPECIALTY LICENSE PLATES
9:09:46 AM
CHAIR WIELECHOWSKI announced the first order of business to be
SB 93.
KARLA HART, staff to Senator Bill Wielechowski, presented SB 93
for the sponsor. She said that specialty license plates are
sweeping the country. The 26th Alaska State Legislature had a
total of 15 committee meetings entailing nine versions of bills
and requiring one concurrent resolution on license plates. Each
license plate request takes legislative attention away from more
pressing state matters and creates state costs of drafting,
duplicating, distributing, posting, scheduling and amending.
Legislatively created fund raising plates require the Division
of Motor Vehicles (DMV) to track and request small amounts of
money for reappropriation. Other plates require the DMV to check
a registrant's status. Two legislatively created license plates
from 1998 have never been issued. The ease of production of
license plates has created interest in specialty plates.
SB 93 proposes an administrative approach which frees up the
legislature for more pressing business, allows for uniform
objective standards to be set by regulation, saves money and
time, and creates a uniform specialty plate design which makes
it easier for law enforcement to recognize plates. Legislators
could refer constituents to the administrative program, rather
than addressing each request through a bill. SB 93 gives the DMV
guidelines for developing the regulations for a specialty plate
program and leaves it up to them to set the specific
regulations.
MS. HART explained that section 1 of SB 93 allows the DMV to
develop and implement regulations to issue special request
plates to any Alaska organization with a 501(c)(3) tax exempt
status. It also allows departments and municipalities to issue
specialty plates. It directs the DMV to design a standard plate
design for all specialty plates, which makes it easier for law
enforcement to identify plates.
Each entity must submit its application on a form provided by
the DMV, pay a fee that is set by regulation, and then submit
registration fees for at least 50 motor vehicles before plates
will be issued. Also, the organization requesting the plates may
not be offensive in purpose, nature, activity or name. DMV will
develop regulations around this statutory requirement. The
organization requesting the plate may charge a fee in addition
to regular registration fees, and then submit the excess fees to
the DMV. For instance, the request for NRA special request
plates has funds in excess which would be returned to a charity.
This bill allows the sponsoring organization to collect all fees
and then pay the $30 fee to DMV and the organization may keep
the rest.
9:14:19 AM
MS. HART further noted that each organization is free to develop
its own policies and procedures for collecting fees. The
regulations also specify that a minimum number of registrations
or renewals of specialty plates must be conducted. Section 2
sets the fee for specialty plates at $30 above regular licensing
fees. The effective date would be January 1, 2012. DMV says it
would not be a problem to implement the regulations by that
date.
9:15:53 AM
SENATOR BILL WIELECHOWSKI, sponsor of SB 93, emphasized that he
did not intend to be critical of other license plates bills.
This is more of a streamlining bill and can also satisfy the
needs of constituents. He asked if his staff knew how the system
is working in other states.
MS. HART answered yes. Pennsylvania is very happy with its
program. They started with a minimum requirement of 300 plates;
now the minimum requirement is one. The program has proven to be
cost effective and easy to administer. They are open to sharing
their procedure with Alaska.
WHITNEY BREWSTER, Director, Division of Motor Vehicles,
Department of Administration, said she was available for
questions.
CHAIR WIELECHOWSKI asked for her thoughts on SB 93.
MS. BREWSTER answered that SB 93 would streamline the process.
CHAIR WIELECHOWSKI noted there was a zero fiscal note.
MS. BREWSTER said she did not believe it would cost anything.
9:19:28 AM
SENATOR PASKVAN asked what she would consider to be a basis for
denial.
MS. BREWSTER stated the DMV has existing regulations regarding
personalized plates and their denial. She said that symbols or
letters in a combination that demeans an ethnic, religious, or
racial group, or is otherwise vulgar, indecent or offensive will
be denied. In those instances when personalized plates fit that
description, they do recall the plate and give the individual
the ability to go through the administrative hearing process.
Organizations could also go through that process.
SENATOR PASKVAN asked if there would be the potential to stop a
message if it was distasteful to the majority of people.
MS. BREWSTER replied if the message was patently offensive to
the ordinary person the division could go through the process.
Standards would be set in regulation.
SENATOR PASKVAN noted that what would be offensive to one may be
a core message to another.
MS. BREWSTER answered she did not disagree. This is a difficult
topic. DMV uses the standard, is it demeaning to a religious or
ethnic group or does it have sexual connotations.
SENATOR PASKVAN asked how the state can expect to prevent people
from putting an offensive message on a license plate if it
doesn't have the ability to take a similarly offensive bumper
sticker off a vehicle.
MS. BREWSTER said there is a process in place, and court cases
regarding license plates say it is a freedom of speech issue.
SENATOR MEYER asked if Ms. Brewster could assure him that she
would be at the DMV for the next 100 or 200 years it would be
fine. The concern is what happens after she is gone. How do we
define offensive in purpose, nature, activity or name. For this
to work there need to be tight regulations in place. He then
asked if she could explain the administrative hearing process.
MS. BREWSTER said the DMV has three administrative hearing
officers who hear a number of issues, from DUI revocation to
personalized plate revocation. The DMV has software that will
weed out many offensive plates. Sometimes combinations slip
through the cracks. When notified of this by law enforcement or
the public, the DMV looks at the plate against current
regulations and if the plate violates regulations they will
inform the person via certified mail that they will revoke the
license plate. They also give them information on requesting an
administrative hearing, and inform them that they can change
their plate free of charge. If they do request a hearing, the
hearing officer looks at the case and makes a determination
based on regulations and existing Alaska court cases.
SENATOR MEYER asked who pays for the administrative hearing.
9:29:36 AM
MS. BREWSTER answered it falls under the operations of DMV.
SENATOR MEYER asked if this would be an added cost to DMV.
MS. BREWSTER responded she did not foresee a large increase in
hearings
SENATOR MEYER noted SB 93 says that before the plate will be
issued, there must be at least 50 vehicles, and asked how that
would work.
MS. BREWSTER said the fees would be collected by the
organization and submitted with the application.
SENATOR MEYER commented that the way other states do this is
mixed, and he can see a lot of benefits to having the process
streamlined.
CHAIR WIELECHOWSKI asked about court cases. Roughly half the
states have this process, so there may be a well-established
body of case law.
MS. BREWSTER answered that courts have consistently ruled if a
state allows specialty license plates, then it is a billboard
for that person or organization. There is a substantial body of
decisions to direct hearing officers.
9:33:39 AM
CHAIR WIELECHOWSKI closed public testimony and announced that SB
93 would be held in committee.