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.]