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2020 Legislative Update
Things Will Never Be the Same
From "What’s Going On" by Gary Langston, Crossroads Quarterly, Summer - 2020
We have certainly heard our fair share of that, and maybe even said it a few times since unexpected challenges for us arrived toward the end of March. It is true that change, as it always does, will continue to shape the world and our lives. And yes, we have seen it in the trucking industry as well. But our industry has enjoyed a lot of positive change, and there are some things we hope will never be the same.
Almost immediately, there was a stark realization by the public and the elected and appointed decisionmakers that trucking deserved to be on the top of the list of “essential” services, something we have known forever. Fortunately, those realizations allowed us to operate with the flexibilities needed to meet the challenges. From food trucks in the Indiana rest areas to semi-trucks on the White House lawn, trucking has become more high profile in a positive light. The drivers and technicians finally received the recognition they deserve, just for doing the job they do every day.
From the start, Gov. Holcomb, along with our state agencies (INDOT, ISP, DOR, BMV, DWD) have all been great business partners. Unlike many other states, Indiana took a no-nonsense, strong leadership approach toward managing the crisis. That made our jobs much easier.
An important challenge for us going forward is making certain the public and the decision-makers continue to support our industry at this same high level. That they continue to have respect for the value we bring to our economy and the contribution we make to the quality of life of all Americans. We never ask for anything special. We just need to be treated fairly and we will take care of the rest.
We are in the process of preparing for the 2021 legislative session. Fairness is on the top of our list of issues. It was already there before these unexpected challenges arrived and seems even more important now. We will be focusing on tort reform.
To you, our members, thank you for all that you do to keep the nation moving. We know COVID-19 has been impactful to you in many ways. The IMTA staff has worked to remove obstacles and to provide education and information that we hope has minimized the impact, all the while feeling frustration that we couldn’t do more. We hope you know how much we appreciate your support.
On behalf of myself, Barb, Kellie and Sally — we have never been prouder to be associated with the trucking industry. It comprises the most down to earth, responsible, generous people you will find anywhere.
The drivers and technicians have rightfully won the hearts of the nation. It is only fitting that they are now getting a tip of the hat. We will be working hard to make sure that is the “new normal.”
From "What’s Going On" by Gary Langston, Crossroads Quarterly, Summer - 2020
We have certainly heard our fair share of that, and maybe even said it a few times since unexpected challenges for us arrived toward the end of March. It is true that change, as it always does, will continue to shape the world and our lives. And yes, we have seen it in the trucking industry as well. But our industry has enjoyed a lot of positive change, and there are some things we hope will never be the same.
Almost immediately, there was a stark realization by the public and the elected and appointed decisionmakers that trucking deserved to be on the top of the list of “essential” services, something we have known forever. Fortunately, those realizations allowed us to operate with the flexibilities needed to meet the challenges. From food trucks in the Indiana rest areas to semi-trucks on the White House lawn, trucking has become more high profile in a positive light. The drivers and technicians finally received the recognition they deserve, just for doing the job they do every day.
From the start, Gov. Holcomb, along with our state agencies (INDOT, ISP, DOR, BMV, DWD) have all been great business partners. Unlike many other states, Indiana took a no-nonsense, strong leadership approach toward managing the crisis. That made our jobs much easier.
An important challenge for us going forward is making certain the public and the decision-makers continue to support our industry at this same high level. That they continue to have respect for the value we bring to our economy and the contribution we make to the quality of life of all Americans. We never ask for anything special. We just need to be treated fairly and we will take care of the rest.
We are in the process of preparing for the 2021 legislative session. Fairness is on the top of our list of issues. It was already there before these unexpected challenges arrived and seems even more important now. We will be focusing on tort reform.
To you, our members, thank you for all that you do to keep the nation moving. We know COVID-19 has been impactful to you in many ways. The IMTA staff has worked to remove obstacles and to provide education and information that we hope has minimized the impact, all the while feeling frustration that we couldn’t do more. We hope you know how much we appreciate your support.
On behalf of myself, Barb, Kellie and Sally — we have never been prouder to be associated with the trucking industry. It comprises the most down to earth, responsible, generous people you will find anywhere.
The drivers and technicians have rightfully won the hearts of the nation. It is only fitting that they are now getting a tip of the hat. We will be working hard to make sure that is the “new normal.”
IMTA Legislative Summary- 2018
March, 2018
The 2018 legislative session came to a close Wednesday, March 14, 2018. The short session (non-budget) had been enjoyably reserved and orderly up until almost the last minute when both the House and Senate realized they were going to run out of time before finishing their work. Statute required the session to end by midnight, which it did. Governor Holcomb has announced that he will call a special session in May to address the unfinished business which primarily has to do with taxes and education. He announced on Thursday that he will not take up the autonomous vehicle testing language which turned out to be very controversial and did not pass. It’s seems likely he will find another way (Executive Order?) to get the wheels rolling on those vehicles.
While meeting with the IMTA Executive Committee at the end of January, we identified the bills that had significance to the trucking industry. Some we wanted to pass and some we didn’t. Of those bills, six passed and will become law. That’s how short sessions usually work. Many of the bills don’t even get a hearing. In a non-budget year, a fiscal cap is put on the session, meaning if the proposed language would cost the state more than the capped amount then it will not be considered in the non-budget session. This year the cap was $50K. We were in support or neutral on all 6 of the bills that passed.
Bills that passed
HB-1191 requires medical professionals to report suspected human trafficking to law enforcement if the suspected victim is a minor.
HB-1286 designates “marketplace contractors” as independent contractors if the work in question is dispatched through electronic means. The language does not include the trucking industry.
HB-1290 is a clean- up bill that does three things for our industry. First, it combines the diesel “surcharge” with the special fuel tax so there is only one tax on diesel. That was inadvertently missed during the 2017 session when the surcharge was placed on the pump. In addition, this bill designates that the Transportation Infrastructure Improvement Fee (TIIF) passed during the 2017 session will now be apportioned for all IRP registered vehicles. Prior to this, the fee was only apportioned on vehicles above 26,000#. Finally, we also used this bill to carry language that will allow truck “platoon” testing in Indiana, helping us to be more in line with surrounding states here in our region.
HB-1311 contains language that will allow the Indiana Department of Revenue to contract with other states to provide some of the same registration services they provide to the trucking industry in Indiana. This came about as the result of the vendors in other states going out of business which caused those states to look to Indiana for help. The reputation of our “One Stop Shop” was the attractant.
SB-100 establishes that fire departments will be allowed to test vehicles for carbon monoxide leakage at no charge to the motorist. Allowed but not required.
SB-212 removes bulk milk from the definition of “overweight divisible load” and allows an overweight permit to be issued for up to 100,000#.
Bills that did not get a hearing or, if did, didn’t pass.
Support
There were three bills, HB-1013, HB-1295 and SB-120 that were focused on distracted driving and the prohibition of using telecommunications devices while operating a vehicle. Although none of those bills made it to the House or Senate Floor, there will be a summer study committee to determine the severity of the problem (which we already know). I have asked Chairman Soliday to include me on that Committee.
There were two bills focused on construction zone safety. HB-1246 would have allowed enforcement cameras in construction zones and HB-1280 would have increased penalties for reckless driving in construction zones.
There were two bills that had to do with fuel tax. HB-1029 would have provided a tax refund on compressed natural gas used in an application other than to power an on road motor vehicle. HB-1019 would have required the state gasoline tax to be reduced by 1 penny for every penny the state gasoline price per gallon exceeded 1 penny.
There was a wheel tax bill that actually got a hearing. SB-141 would have placed a prohibition on a county or a municipality to keep a wheel tax from being imposed in both the county and a municipality within that county. There is currently a wheel tax in Allen County and in Ft Wayne.
You probably heard about SB-69 which would have placed a tolling prohibition on I-465 around Indianapolis. The bill was not allowed to proceed but it did prmpt the Governor to express publicly that I-465 is not on the list of highways being evaluated for tolls.
There was a towing bill, HB1352, which would have added a tremendous amount of consumer friendly language to statute. It would have given the consumer a much stronger voice in choosing who towed their vehicle, where it was towed to and how the bills were handled. Unfortunately, it did not pass due to language that said if a tow bill is not paid the state of Indiana would have the right to withhold the vehicle registration, not only on the vehicle that was towed but also on all vehicles owned by that same registrant.
HB-1062 would have transferred authority for the maintenance and upkeep of the rest areas along the interstates from INDOT to the Office of Tourism. The theory was that the Tourism folks would be more focused and concerned on the condition of the rest areas and make sure they are clean and safe.
HB-1341 is the bill that contained the autonomous vehicle testing language. The OEM’s and technology stakeholder groups felt the language was too restrictive and that it would also force them to divulge proprietary information. A lot of time and energy went into that bill which unfortunately did not make its way through the process. The autonomous vehicle issue is one of Governor Holcomb’s priorities so as mentioned above we will likely hear more about it before the end of the year.
SB-288 was another bill that attempted to raise the weight limit, in this case for coal. Strongly opposed by the railroads, it did not get a hearing.
SB-425 was an effort to clarify that “drive-away” drivers, those who drive the motor coaches and other self- propelled recreational vehicles, are in fact independent contractors. The Department of Workforce Development had concerns significant enough to keep the bill from progressing.
Bills that did not get a hearing or, if did, didn’t pass.
Oppose
There were two bills focused on changing speed limits. HB-1170 would have reduced the speed limit on US 40 and HB-1408 would have increased the speed limit for trucks to 70 on the Indiana Toll Road.
Those House and Senate bills that always show up that would require additional space between a motorist and a bicycle when the bicycle is being passed returned again this year, HB-1350 and SB-72. We watch these bills because the amount of space required would prevent a tractor trailer combination from passing a bicycle without crossing the center line. Mont pointed that out to us a couple of years ago.
SB-78 would have allowed Indiana residents who cannot provide proof of identity and lawful status to get a driver’s license.
Special Session 2018
We don’t anticipate the May special session to be of any consequence to the trucking industry but will be present and prepared just in case. Our focus going forward will be to make sure we are prepared for the 2019 session. Thanks to all of our members who made themselves available during the 2018 session to provide advice and in some cases testimony. Your perspective and involvement continue to be the most effective and valuable tools we have available.
March, 2018
The 2018 legislative session came to a close Wednesday, March 14, 2018. The short session (non-budget) had been enjoyably reserved and orderly up until almost the last minute when both the House and Senate realized they were going to run out of time before finishing their work. Statute required the session to end by midnight, which it did. Governor Holcomb has announced that he will call a special session in May to address the unfinished business which primarily has to do with taxes and education. He announced on Thursday that he will not take up the autonomous vehicle testing language which turned out to be very controversial and did not pass. It’s seems likely he will find another way (Executive Order?) to get the wheels rolling on those vehicles.
While meeting with the IMTA Executive Committee at the end of January, we identified the bills that had significance to the trucking industry. Some we wanted to pass and some we didn’t. Of those bills, six passed and will become law. That’s how short sessions usually work. Many of the bills don’t even get a hearing. In a non-budget year, a fiscal cap is put on the session, meaning if the proposed language would cost the state more than the capped amount then it will not be considered in the non-budget session. This year the cap was $50K. We were in support or neutral on all 6 of the bills that passed.
Bills that passed
HB-1191 requires medical professionals to report suspected human trafficking to law enforcement if the suspected victim is a minor.
HB-1286 designates “marketplace contractors” as independent contractors if the work in question is dispatched through electronic means. The language does not include the trucking industry.
HB-1290 is a clean- up bill that does three things for our industry. First, it combines the diesel “surcharge” with the special fuel tax so there is only one tax on diesel. That was inadvertently missed during the 2017 session when the surcharge was placed on the pump. In addition, this bill designates that the Transportation Infrastructure Improvement Fee (TIIF) passed during the 2017 session will now be apportioned for all IRP registered vehicles. Prior to this, the fee was only apportioned on vehicles above 26,000#. Finally, we also used this bill to carry language that will allow truck “platoon” testing in Indiana, helping us to be more in line with surrounding states here in our region.
HB-1311 contains language that will allow the Indiana Department of Revenue to contract with other states to provide some of the same registration services they provide to the trucking industry in Indiana. This came about as the result of the vendors in other states going out of business which caused those states to look to Indiana for help. The reputation of our “One Stop Shop” was the attractant.
SB-100 establishes that fire departments will be allowed to test vehicles for carbon monoxide leakage at no charge to the motorist. Allowed but not required.
SB-212 removes bulk milk from the definition of “overweight divisible load” and allows an overweight permit to be issued for up to 100,000#.
Bills that did not get a hearing or, if did, didn’t pass.
Support
There were three bills, HB-1013, HB-1295 and SB-120 that were focused on distracted driving and the prohibition of using telecommunications devices while operating a vehicle. Although none of those bills made it to the House or Senate Floor, there will be a summer study committee to determine the severity of the problem (which we already know). I have asked Chairman Soliday to include me on that Committee.
There were two bills focused on construction zone safety. HB-1246 would have allowed enforcement cameras in construction zones and HB-1280 would have increased penalties for reckless driving in construction zones.
There were two bills that had to do with fuel tax. HB-1029 would have provided a tax refund on compressed natural gas used in an application other than to power an on road motor vehicle. HB-1019 would have required the state gasoline tax to be reduced by 1 penny for every penny the state gasoline price per gallon exceeded 1 penny.
There was a wheel tax bill that actually got a hearing. SB-141 would have placed a prohibition on a county or a municipality to keep a wheel tax from being imposed in both the county and a municipality within that county. There is currently a wheel tax in Allen County and in Ft Wayne.
You probably heard about SB-69 which would have placed a tolling prohibition on I-465 around Indianapolis. The bill was not allowed to proceed but it did prmpt the Governor to express publicly that I-465 is not on the list of highways being evaluated for tolls.
There was a towing bill, HB1352, which would have added a tremendous amount of consumer friendly language to statute. It would have given the consumer a much stronger voice in choosing who towed their vehicle, where it was towed to and how the bills were handled. Unfortunately, it did not pass due to language that said if a tow bill is not paid the state of Indiana would have the right to withhold the vehicle registration, not only on the vehicle that was towed but also on all vehicles owned by that same registrant.
HB-1062 would have transferred authority for the maintenance and upkeep of the rest areas along the interstates from INDOT to the Office of Tourism. The theory was that the Tourism folks would be more focused and concerned on the condition of the rest areas and make sure they are clean and safe.
HB-1341 is the bill that contained the autonomous vehicle testing language. The OEM’s and technology stakeholder groups felt the language was too restrictive and that it would also force them to divulge proprietary information. A lot of time and energy went into that bill which unfortunately did not make its way through the process. The autonomous vehicle issue is one of Governor Holcomb’s priorities so as mentioned above we will likely hear more about it before the end of the year.
SB-288 was another bill that attempted to raise the weight limit, in this case for coal. Strongly opposed by the railroads, it did not get a hearing.
SB-425 was an effort to clarify that “drive-away” drivers, those who drive the motor coaches and other self- propelled recreational vehicles, are in fact independent contractors. The Department of Workforce Development had concerns significant enough to keep the bill from progressing.
Bills that did not get a hearing or, if did, didn’t pass.
Oppose
There were two bills focused on changing speed limits. HB-1170 would have reduced the speed limit on US 40 and HB-1408 would have increased the speed limit for trucks to 70 on the Indiana Toll Road.
Those House and Senate bills that always show up that would require additional space between a motorist and a bicycle when the bicycle is being passed returned again this year, HB-1350 and SB-72. We watch these bills because the amount of space required would prevent a tractor trailer combination from passing a bicycle without crossing the center line. Mont pointed that out to us a couple of years ago.
SB-78 would have allowed Indiana residents who cannot provide proof of identity and lawful status to get a driver’s license.
Special Session 2018
We don’t anticipate the May special session to be of any consequence to the trucking industry but will be present and prepared just in case. Our focus going forward will be to make sure we are prepared for the 2019 session. Thanks to all of our members who made themselves available during the 2018 session to provide advice and in some cases testimony. Your perspective and involvement continue to be the most effective and valuable tools we have available.
Indiana Legislative Session - 2017
February 18, 2017
Another busy week as the House continued to move HB-1002, the roads and bridges bill. It's now on the way to the Senate. Tolling continues to be a focal point of the House plan. Members on both sides of the aisle expressed opposition to the "study" language. The bill passed the House with zero Democrat votes and with seven Republicans voting against the bill. An amendment was adopted which says if the federal waiver to allow tolling of existing infrastructure is granted, the Governor, as his first tolling location, is not allowed to toll a location that is within 75 miles of infrastructure that is currently being tolled. It's reported that the language was inserted to address concerns expressed by southern Indiana voters who are still adjusting to the recently implemented tolling of the Ohio River bridges. Senator Kenley prefers tolls over a fuel tax increase. That's not a surprise but all conversations about road funding have indicated that the state needs to start raising revenue now. Representative Soliday has said from the start that a tolling initiative would take years to bring to fruition. I think everyone expects that any infrastructure funding solution passed this year will need to be something that can be implemented immediately. A fuel tax can be.
The IMTA also testified in favor of HB-1447 this week. The primary objective was to remind the legislature that the trucking industry needs more opportunities to be more productive. 1447 contains language that will allow timber logs to be added to the list of commodities which may be hauled in quantities weighing up to 97,000#. We have carriers who would like other commodities added to the list but no consideration is being given to that idea in this session. Logs used to be included and were inadvertently removed so this language is actually just adding them back. We still felt it was a good opportunity to keep our case alive for future consideration. The railroads, as expected, testified in opposition. Historically, from a competitive perspective, they never support any language which would increase truck productivity. Amendment language was offered and adopted which will retroactively remove points (back to July 1, 2016) that have been placed on a drivers CDL as the result of an overweight load citation. The bill passed out of the House Roads /Transportation Committee and is headed to the House floor.
We are also working on some language we think will more fairly address the proposed wheel tax initiative in HB-1002. Even when apportioned, we still pay for roads we don't drive on. And, only Indiana registered equipment is subject to the tax. More to come on that.
Finally(at least for this week), our friends at SGLHF have helped with some language regarding sales tax. Private carriers who are registered in Indiana must pay sales tax on equipment that is not purchased or used in Indiana simply because the carrier is registered here. That keeps them from registering their equipment in our state. More to come on that also.
Second and third reading deadlines begin next Thursday so there will be a lot of activity next week, all focused on getting bills completed in their respective houses and off to the House or Senate during the second half of the session. We have 9 more weeks and I'm confident it will take all of them to get the road funding debate completed.
Gary Langston
February 18, 2017
Another busy week as the House continued to move HB-1002, the roads and bridges bill. It's now on the way to the Senate. Tolling continues to be a focal point of the House plan. Members on both sides of the aisle expressed opposition to the "study" language. The bill passed the House with zero Democrat votes and with seven Republicans voting against the bill. An amendment was adopted which says if the federal waiver to allow tolling of existing infrastructure is granted, the Governor, as his first tolling location, is not allowed to toll a location that is within 75 miles of infrastructure that is currently being tolled. It's reported that the language was inserted to address concerns expressed by southern Indiana voters who are still adjusting to the recently implemented tolling of the Ohio River bridges. Senator Kenley prefers tolls over a fuel tax increase. That's not a surprise but all conversations about road funding have indicated that the state needs to start raising revenue now. Representative Soliday has said from the start that a tolling initiative would take years to bring to fruition. I think everyone expects that any infrastructure funding solution passed this year will need to be something that can be implemented immediately. A fuel tax can be.
The IMTA also testified in favor of HB-1447 this week. The primary objective was to remind the legislature that the trucking industry needs more opportunities to be more productive. 1447 contains language that will allow timber logs to be added to the list of commodities which may be hauled in quantities weighing up to 97,000#. We have carriers who would like other commodities added to the list but no consideration is being given to that idea in this session. Logs used to be included and were inadvertently removed so this language is actually just adding them back. We still felt it was a good opportunity to keep our case alive for future consideration. The railroads, as expected, testified in opposition. Historically, from a competitive perspective, they never support any language which would increase truck productivity. Amendment language was offered and adopted which will retroactively remove points (back to July 1, 2016) that have been placed on a drivers CDL as the result of an overweight load citation. The bill passed out of the House Roads /Transportation Committee and is headed to the House floor.
We are also working on some language we think will more fairly address the proposed wheel tax initiative in HB-1002. Even when apportioned, we still pay for roads we don't drive on. And, only Indiana registered equipment is subject to the tax. More to come on that.
Finally(at least for this week), our friends at SGLHF have helped with some language regarding sales tax. Private carriers who are registered in Indiana must pay sales tax on equipment that is not purchased or used in Indiana simply because the carrier is registered here. That keeps them from registering their equipment in our state. More to come on that also.
Second and third reading deadlines begin next Thursday so there will be a lot of activity next week, all focused on getting bills completed in their respective houses and off to the House or Senate during the second half of the session. We have 9 more weeks and I'm confident it will take all of them to get the road funding debate completed.
Gary Langston
Support Trucking Industry Political Action Campaign (TIPAC)
Effective political pressure requires Advocacy. Advocacy means several things, actually many things: public and political affairs, government relations, coalition participation, monitoring, tracking, and much more. Add in capabilities to engage targeted online grassroots it all gets quite expensive.
As we work to reinforce our political strength and grassroots networking capabilities for the challenges ahead, we encourage you to learn more and contribute to TIPAC we know the return on investment will be well worth it.
Click here to contribute.
Effective political pressure requires Advocacy. Advocacy means several things, actually many things: public and political affairs, government relations, coalition participation, monitoring, tracking, and much more. Add in capabilities to engage targeted online grassroots it all gets quite expensive.
As we work to reinforce our political strength and grassroots networking capabilities for the challenges ahead, we encourage you to learn more and contribute to TIPAC we know the return on investment will be well worth it.
Click here to contribute.
