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House panel favors change in plate law

Howard Fischer, Capitol Media Services

February 5, 2009 - 2:43PM

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Don't dust off those license plate frames you just took off your car just yet.

The House Committee on Transportation and Infrastructure refused Thursday to repeal a new law which makes it illegal to cover the word "Arizona" on your license plate. A majority of committee members accepted arguments by law enforcement officials that letting motorists hide the word with a license plate frame creates public safety problems.

Senator wants to repeal law on license plate frames

But the panel, over the objections of the Arizona Association of Chiefs of Police, voted to alter the law to keep drivers from being pulled over solely because of an illegal license plate frame. Instead, a ticket could be issued only if the car is stopped for some other reason.

And HB 2010, as it goes to the full House, also limits the fine to $30 for a first offense and $100 for a second offense within a year; current law allows judges to impose fines of up to $250.

Rep. Bill Konopnicki, R-Safford, who has championed repealing the law, said he recognizes that a majority of his colleagues may not feel the same way.

But Konopnicki told Capitol Media Services he is not done with the fight.

If nothing else, he wants the law altered so that citations can be issued only if a frame totally obscures the name of the state. Konopnicki said some overly aggressive police officers have been pulling over motorists solely because the frame touches the word.

At issue is a 2006 law which requires vehicle owners to maintain each license plate so it is clearly legible "and so that the name of this state at the top of the license plate is not obscured."

The complaints, however, did not start until the law took effect at the end of last year. Konopnicki said he has received more than 4,000 e-mails from people questioning the need for the law.

But John Thomas, lobbyist for the police chiefs, said the frames had to go because they were concealing key information, not only from police officers but also citizens who wanted to report a suspicious vehicle. He said it's important that they provide not only the license plate number but also the state where it was issued.

Konopnicki countered that most Arizona vehicles have an easily identifiable standard plate, with a blue sky, purple mountains and the distinctive saguaro cactus, along with the words "Grand Canyon State" along the bottom.

Thomas, however, said there are several dozen different designs for specialty plates, ranging from those supporting the state's three universities to plates to raise money to spay and neuter pets. Without the word "Arizona," he said, it is impossible to know the state of origin.

Coconino County Sheriff Bill Pribil agreed.

"Any obstruction we have on that plate, we are nervous about," he said.

Konopnicki said part of his problem with the law is the way it's being enforced by the state Department of Public Safety: Its officers stop and cite motorists if even the tiniest bit of the word "Arizona" is covered, even if the name of the state would be obvious to anyone.

"I don't know that being able to see the full word 'Arizona' is important to identify the state where the plate comes from," he said, saying drivers are being pulled over because "we have some very aggressive officers," Konopnicki said.

DPS Lt. James Warriner said his agency's officers are not out there looking for reasons to stop vehicles.

"We leave our officers a lot of discretion," he said. "This one (law) isn't a high priority."

Konopnicki said some of his concerns about aggressive enforcement would be solved by the language now in the bill which bars police from pulling someone over solely because of a license plate violation. But Konopnicki said he still intends to modify the measure as it makes its way through the Legislature to keep drivers from being cited in situations of a partially obscured word.

Rep. Andy Biggs, R-Gilbert, supported Konopnicki's original version of the bill which would have again made license plate frames legal. He said the restriction is just another step down the road of what he sees as more unnecessary government intrusion on individual rights.

Biggs said that already is occurring with photo speed enforcement. And Biggs said what may come next are radio-frequency ID chips in cars which record where they are at any given time.

"This is a serious issue to some people," he said.

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