Current Legislative Issues

Legislative & Regulatory Update 

March 2, 2012

Committee Work Keeps Legislators Busy 

After the governor's budget address last week, the legislator is in full swing this week and next to move bills out of committee. MTA is current monitoring over 100 bills introduced this year that could have a direct impact on the trucking industry. Both the House and Senate face a March 9 deadline to move bills out of their respective committees. 

Below are a few of the bills that MTA has been working on this past week.We strongly urge you to make contact with your Representative and Senator on a regular basis.  Information on how to contact your legislators is listed below. 

Uniform 70 MPH Speed Limit on Rural Interstates - What is your opinion? 

Senator Darin LaHood (R-Peoria) has introduced SB 3501 that would increase the speed limit on rural interstates in Illinois from 65 to 70 MPH for both cars and trucks. Illinois and Wisconsin are the only states in the Midwest that have 65 MPH maximum speed limit on interstates. Interstates in urban areas of Cook, DuPage, Kane, Lake, McHenry, and Will counties would not be affected.

What is your opinion? We would like to know if you support an increase in the interstate speed limit to 70 MPH. Reply to this e-mail with a "YES" or "NO" so we can formulate a position for MTA!

Expansion of Speed Camera Enforcement into Collar Counties

Senator Antonio Muñoz (D-Chicago) has introduced a floor amendment  to SB952, Chicago Mayor Rahm Emanuel's speed camera enforcement legislation, from last fall. The amendment will expand the use of speed enforcement camera's to the counties of DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and to municipalities located within those counties.

Ban on All Road Fund Sweeps

Senator Pam Althoff (R-Crystal Lake) has introduced legislation in SB2514 that provides that the Motor Fuel Tax Fund, the State Construction Account Fund, and the Road Fund shall not be subject to sweeps, administrative charges or chargebacks, or any other fiscal or budgetary maneuver (a.k.a. DIVERSIONS) that would transfer any amount from those funds into any other fund of the State unless those actions were specifically authorized by law.

The bill seeks to end the blatant diversion of motor fuel tax and registration fee revenue meant for road and bridge construction and repair, and is used for other purposes.  Each year, more than $700 million in Road Fund revenue is diverted and used to prop up other budget shortfalls.

MTA Executive Vice President Don Schaefer has participated in a series of meetings with Senate staff and budget officials to identify increasing diversions that are apparent in the Governor's proposed FY 2012 budget.

Convex Mirror Requirements for Conventional Cab Units over 26,000lbs.

Representative Kelly Cassidy's (D-Chicago) HB4539 was stopped in committee last week by the trucking industry. With a cost of approximately $500 per truck, the industry would be looking at a collective cost over $100 million to comply. The bill is modeled after a New York law requiring commercial vehicles registered in Illinois to have convex mirrors on the front of the vehicle. Proponents of the bill believed the convex mirrors will eliminate blind spots and help truck operators see pedestrians or other objects directly in front of them in order to provide improved safety for pedestrians. There is no federal requirement regarding the use of convex mirrors on commercial vehicles. The bill remains in committee, but unlikely to move with bipartisan disapproval.

Kingpin to Rear Axle Length for Livestock Trailers

Senator John Sullivan (D-Rushville) and Rep. David Reis (R-Olney) have introduced legislation in their respective houses (SB2579, HB4446) to do away with an old regulation that is being used to harass livestock haulers around the state. Current state law limits the kingpin to rear axle setting for semi-trailers in Illinois to 45'6". However, for many years livestock trailers have been designed for safety and stability, and sold with the rear axle being permanently fixed to the extreme rear of the trailer - well beyond the 45'6" limit. Most states do not place limits on this setting, but Illinois does, resulting in the Illinois State Police issuing warning tickets to livestock haulers, especially in the western part of the state.

Senator Sullivan's SB2579 moved out of the senate transportation committee unopposed last week. The bill is at final passage stage in the Senate, and would then go to the House for consideration.

Repeal of Commercial Distribution Fee

Legislation introduced by Senate Transportation Committee Chairman Martin Sandoval (D-Cicero) would repeal what remains of former Gov. Rod Blagojevich's Commercial Distribution Fee. SB1731 would repeal the CDF on second division vehicles weighing more than 8,000 pounds.

Ban on Handheld Devices for All Motor Vehicles

There are numerous bills introduced in both houses this spring that  deal with banning the use of cell phones, electronic devices and texting will driving. While all legislators who have introduced bills are adamant on passing their version of a ban, only one bill seems to be on the move currently.

HB 3972, sponsored by Rep. John D'Amico (D-Chicago) amends the Illinois Vehicle Code to provide that a person may not operate a motor vehicle on a roadway while using an electronic communication device (rather than only prohibiting the composing, sending, or reading of electronic messages while operating a vehicle) unless the electronic communication device is used in hands-free or voice-activated mode or one of 5 other limited exceptions apply.

In its original form the bill would have banned all communication devices, including citizens band radio's, FM transmitters and the use of electronic on-board recorders (EOBR) or navigation devices. MTA worked with D'Amico to amend the bill to reflect the federal ban ban on handheld cellular phones that has been in place for commercial vehicles since January 3. The bill with the changes is awaiting final passage in the House before going to the Senate.

Limitation on Permit Fees

SB 3516, also sponsored by Senator John Sullivan, would limit local jurisdictions on the amount they could charge for a permit.   The bill is in response to the sometimes astronomical fees charged by some jurisdictions for use of local roadways. (An example is the town of Elwood in Will County, where trucks must puchase permits of $725 per truck per month for the right to use a two-mile stretch of roadway to access intermodal facilities). The bill would require these local jurisdictions to adopt the state permit schedule.  The bill is facing strong opposition from local government groups.

LEGISLATOR CONTACT INFORMATION

MTA urges its members to continually communicate with lawmakers about trucking industry issues that are vital to the success of the industry in this state.

To see who your Legislators are go to:

http://www.elections.il.gov/DistrictLocator/SelectSearchType.aspx

For the contact information of your legislator, go to:

http://www.ilga.gov

MTA Legislative Update - December 13, 2012

LAWMAKERS APPROVE TAX RELIEF BILL - INCLUDES INCREASE IN ESTATE TAX EXEMPTION FROM $2 Million to $4 MILLION

AND EXTENSION OF NET OPERATING LOSS

The Illinois General Assembly has approved a multi-faceted tax relief proposal that includes an important provision for family owned business such as trucking and farming.   While the most publicized portion of the bill related to the tax breaks for the Chicago trading exchanges and Sears, other parts of the plan includes tax breaks for low income workers.

For small business, the key provision is the increase in the state Estate Tax exemption from $2 million to $4 million, plus extending the Net Operating Loss for businesses that have $100,000 or less in losses.

MTA Executive Vice-President Don Schaefer was called upon to testify on the impact provisions  of the legislation would have on the Illinois trucking industry - a majority of which would be considered "small business" under this tax bill.  MTA joined a core group of business groups to lobby both the House and Senate, including letters-to-the-editor and op-ed articles that were carried by many of the state's major newspapers this past weekend.

MTA members were instrumental in providing pertinent tax information that assisted in making our concerns known to lawmakers.

The legislation now is headed to the desk of Governor Quinn, who is expected to sign the bills into law.

The following was released today by the Federal Motor Carrier Safety Administration:

U.S. Transportation Secretary LaHood Announces Final Rule That Bans Hand-Held Cell Phone Use by Drivers of Buses and Large Trucks

WASHINGTON - U.S. Transportation Secretary Ray LaHood today announced a final rule specifically prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicles. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action by the U.S. Department of Transportation to end distracted driving.

"When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly," said Transportation Secretary Ray LaHood. "I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel."

The final rule prohibits commercial drivers from using a hand-held mobile telephone while operating a commercial truck or bus. Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses. Additionally, states will suspend a driver's commercial driver's license (CDL) after two or more serious traffic violations. Commercial truck and bus companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000. Approximately four million commercial drivers would be affected by this final rule.

"This final rule represents a giant leap for safety," said FMCSA Administrator Anne S. Ferro. "It's just too dangerous for drivers to use a hand-held cell phone while operating a commercial vehicle. Drivers must keep their eyes on the road, hands on the wheel and head in the game when operating on our roads. Lives are at stake."

While driver distraction studies have produced mixed results, FMCSA research shows that using a hand-held cell phone while driving requires a commercial driver to take several risky steps beyond what is required for using a hands-free mobile phone, including searching and reaching for the phone. Commercial drivers reaching for an object, such as a cell phone, are three times more likely to be involved in a crash or other safety-critical event. Dialing a hand-held cell phone makes it six times more likely that commercial drivers will be involved in a crash or other safety-critical event.

In September 2010, FMCSA issued a regulation banning text messaging while operating a commercial truck or bus and PHMSA followed with a companion regulation in February 2011, banning texting by intrastate hazardous materials drivers.

"Needless injuries and deaths happen when people are distracted behind the wheel," said PHMSA Administrator Cynthia Quarterman. "Our final rule would improve safety and reduce risks of hazmat in transportation."

Nearly 5474 people died and half a million were injured in crashes involving a distracted driver in 2009. Distraction-related fatalities represented 16 percent of overall traffic fatalities in 2009, according to National Highway Traffic Safety Administration (NHTSA) research.

Many of the largest truck and bus companies, such as UPS, Covenant Transport, Wal-Mart, Peter Pan and Greyhound already have company policies in place banning their drivers from using hand-held phones.

The final hand-held cell phone ban rule can be accessed here.

To learn more about the U.S. Department of Transportation's efforts to stop distracted driving, please visit http://www.distraction.gov

Governor Quinn Signs Bill to Reduce Transportation Costs for Illinois Businesses

Governor Pat Quinn today signed legislation to help reduce fuel and equipment costs for trucking companies throughout Illinois. The new law allows the Illinois Department of Transportation (IDOT) to issue permits for loads that previously exceeded size and weight restrictions for travel on state highways if specific conditions are met.

Read More

August 26, 2011

TOLLWAY APPROVES CAR TOLL INCREASES – TRUCK TOLLS STILL SCHEDULED TO GO UP IN 2015 - The Illinois Tollway Board of Directors approved a $12 billion capital plan that includes a toll increase for passenger vehicles effective January 1, 2012. Board members voted 7-1 to adopt the 15-year plan.  Truck tolls are still scheduled to increase by up to 60% in 2015 – that increase was approved in 2008 in the waning days of the Blagojevich administration (even though the tolls were not to take effect for 7 years.)   That increase was investigated by federal authorities as part of the overall indictment and eventual conviction of Blagojevich, although no particular charges were cited.

The Tiollway plan includes the reconstruction and widening of the Jane Addams Memorial Tollway (I-90) with accommodations for transit, as well as funds to the Elgin O’Hare West Bypass, the Tri-State Tollway (I-294)/I-57 Interchange and planning for the Illinois Route 53 Extension and Illiana Expressway.

Thanks to the many MTA members who took the opportunity to attend and testify at one of the public hearings held during the past week.

GOVERNOR SIGNS MORE TRUCK BILLS – Governor Quinn signed legislation this week which will allow IDOT to issue overweight permits for certain divisible loads on state highways for a distanace of up to 5 miles. Senate Bill 42, sponsored by Sen. Bill Haine (D-Alton) and Rep. Dan Beiser (D-Alton), was originally intended to help a business in the legislator’s district move product between two facilities.  But it appears the language may go further – it could allow loads of rock, sand, dirt, grain and other loads that previously had to be broken down, to be issued permits for move less than five miles if the roads can handle the extra weight.  It’s going to be up to IDOT to make that determination.    Our discussion with the agency indicates that it isn’t ready to start the permit program, even though the bill has an immediate effective date.   We’ll keep you up-to-date on where this is going.

The Governor also signed HB 1091, which will allow the state to enter into working agreements with private companies to build and operate new roads.  The bill is aimed at moving ahead planning and future work for the creation of the Illiana Expressway as an alternative to the traffic-choked I-80 corridor.  The proposed 53-mile expressway would cost at least a billion dollars, to be funded by tolls collected by users.

Governor Approves Package of MTA-Supported Truck Bills to Clarify State Law, Extend Uniform Speed Limit on State Highways

Mid-West Truckers Association commends Governor Quinn for signing significant legislation that clarifies existing Illinois truck laws, improves trucking operations and allows for uniform speed limits on secondary highways. The Governor’s actions come after nearly a year of work between the industry, Illinois State Police, Illinois Department of Transportation and local law enforcement officials. They were sponsored or co-sponsored by Sen. John Sullivan (D-Rushville), Rep. Dan Beiser (D-Alton) and Rep. Jim Sacia (R-Pecatonica).

SB 1644 clarifies numerous size and weight provisions of the Illinois Vehicle Code as a result of previous legislation that allowed the standard 80,000 pound access onto local roads that was enjoyed by every other state in the country except Illinois. The bill also allows a 400-pound weight exemption for trucks that have been installed with auxiliary power units (APU). These APUs allow a significant reduction in the idling of diesel engine. Another bill, HB 2836, clarifies truck length limits depending on specific types of equipment being pulled.

SB 1913, also co-sponsored in the House by Rep. Dan Beiser (D-Alton), amends the Illinois Vehicle Code, and provides that speed limits for first and second division vehicles on 4-lane highways outside the counties of Cook, DuPage, Kane, Lake, McHenry, and Will shall be uniform. Two years ago, lawmakers approved a bill that established a uniform 65 MPH speed limit on rural interstate highways outside of the Chicago area. SB 1913 extends the unform speed limit to portions of these four-lane highways that are not classified as interstates, but had a split 55/65 MPH speed limit:

US 20    US 24
US 34    US 45
US 50    US 51
US 67    US 136
Ill. Rt. 2    Ill. Rt. 6
Ill. Rt. 13    Ill. Rt. 92
Ill. Rt. 104    Ill. Rt. 255
Ill. Rt. 336

MTA Executive Vice-President Don Schaefer commended the sponsors for their continued work to clarify truck law, “The Illinois Vehicle code can be a confusing document, not just for the truck operator but also for local law enforcement agencies. Thanks to the work of Senator Sullivan, Rep. Beiser and Rep. Sacia, Illinois State Police, local police and IDOT, these bills will make compliance with the law easier for the industry.”

Schaefer thanked the Governor for approving the uniform speed limit as a proven safety measure. “Governor Quinn recognizes the safety factor of what 42 other states already have on the books - a uniform speed limit on their highways. Uniform speeds mean less lane changes, less collisions and a safer movement of traffic on all highways.”

Mid-West Truckers Association represents 3,000 companies that own and operate trucks in Illinois and surrounding states.

2727 N. Dirksen Parkway, Springfield, IL 62702 (217) 525-0310 www.mid-westtruckers.com