Statehouse Primer

By Mike Matousek, OOIDA director of state legislative affairs

With help from our members, OOIDA is becoming more involved in state legislatures and executive agencies nationwide. It is impossible to work on every issue in every state, so we generally focus our attention and resources on issues that we are aware of, that are important to OOIDA members, and that we have a realistic chance of success. This “formula” is not set in stone and we certainly work on issues that do not fit these criteria, but they can be considered the foundation for our state advocacy efforts.

Below is an overview of some issues that OOIDA was directly involved in over the past year.

ARIZONA
Towing (see HB2416 from 2015)
Public law, creates new category of wrecker rates
Indemnification
Successfully requested a company in Arizona change their access agreement to eliminate indemnification clause

ARKANSAS
Towing (see SB37, SB562, and SB893 from 2015)
SB562 and SB893 are public laws. They reform the Arkansas Towing and Recovery Board

Indemnification (see SB755 from 2015)
Public law, eliminates indemnification clauses in transportation contracts

CALIFORNIA
Air Resources Board (see SB350 from 2015)
Gives CARB more authority. Stopped for now.
Transportation Funding (see SBX1-7 and ABX1-8 from 2015)
Taxes trucks to pay for transit. Stopped for now.

CONNECTICUT
Sales Tax Exemption (proposal from 2015)
Eliminates existing exemption. Stopped for now.
Towing Indemnification (see RBN 6817 from 2015)
Public law, indemnifies tow companies

ILLINOIS
Sales tax exemption (see HB4300 from 2015)
Eliminates existing exemption. Pending.

INDIANA
Speed Limits (see HB1040 from 2015)
Creates uniform speed limits. Stopped for now.

KANSAS
Transportation funding proposal
Diverts transportation funds

KENTUCKY
Towing
Inquiry into billing practices from fire departments during truck accidents
International Registration Plan (see SB153 from 2015)
Public law, repealed IRP educational requirement law from 2013
Tolling
Establishes tolls on the Brent Spence Bridge. Dead for now.

LOUISIANA
Towing Fuel Surcharges (Louisiana PSC)
Inquiry into their use of a fuel surcharge for tow companies

MICHIGAN
Speed Limits (see HB4423 from 2015)
Creates more uniform speed limits but still a bit problematic. Pending.
Local Enforcement
Somerset Township’s effort to begin enforcing CMVRs

MISSISSIPPI
Speed Limits (see HB1265 from 2015)
Creates differential speed limits. Stopped for now.

MISSOURI
Fuel Taxes (see SB540 from 2015)
Increases fuel taxes on vehicles. Stopped for now.
Tolling
Tolling I-70. Stopped for now.
Lane Restrictions (see HB164 from 2015)
Eliminates the lane restrictions for trucks. Stopped for now.
Speed Limits (see HB295 from 2015)
Increases speed limits on interstates, but maintains uniform speeds. Stopped for now.
Towing (see SB232 and HB581 from 2015)
Establishes wrecker rotation list. Stopped for now.
Tort Reform (see SB140 from 2015)
Reforms tort laws. Stopped for now.

MONTANA
Speed Limits (see SB228, SB375, and others from 2015)
Public law, increases speed differential

NEVADA
Highway-Grade Crossings (see SB43 from 2015)
Public law, relates to highway-grade crossing requirements

NEW JERSEY
Truck Parking (see A3918 from 2015)
New truck parking restrictions. Stopped for now.
Independent Contractors (see S2033 from 2015)
Ongoing, clarifies classification status
Indemnification (see S1380 and A3282 from 2015)
Public law, eliminates indemnification clauses in transportation contracts

NEW YORK
Indemnification (see S4173 and A7307 from 2015)
Eliminates indemnification clauses in transportation contracts. Stopped for now.
DMV’s CDL Procedures Inquiry into the DMV’s CDL procedures

NORTH CAROLINA
Transportation Funding (see SB639 from 2015)
New taxes on trucks. Stopped for now.
Occupational Accident

Insurance (see SB205 from 2015)
Makes Occ-Acc available to certain truck drivers in North Carolina. Ongoing.

OHIO
Lane Restrictions (see HB100 from 2015)
Creates new lane restrictions. Stopped for now.
Indemnification (see HB71 from 2015)
Eliminates indemnification clauses in transportation contracts. Ongoing.

RHODE ISLAND
Tolling
Creates truck-only tolls. Stopped for now.
Indemnification (see H6111 from 2015)
Eliminates indemnification clauses in transportation contracts. Stopped for now.

TENNESSEE
Truck Parking (see SB353 and HB209)
Legalizes truck parking on entry ramps. Stopped for now.
Towing
Effort to get city of Knoxville to amend/clarify wrecker ordinances. Ongoing.

TEXAS
Cargo Theft (see HB102 from 2015)
Public law, creates new penalties for cargo theft
Truck Weights (see HB3061 from 2015)
Increases truck weights for certain intermodal containers. Stopped for now.
Local Enforcement (see HB2516 from 2015)
Allows for more local enforcement of CMVRs. Stopped for now.
Uniform Weighing Procedures (see HB1252 from 2015)
Public law, creates standardized weighing procedures

WASHINGTON
Speed Limits (see SB5228 and HB1781 from 2015)
Increases speed differentials. Stopped for now.

WEST VIRGINIA
Towing
Request for state to alter third-party definition

WISCONSIN
Speed Limits (see SB26 and AB27)
Public law, increased speed limits but maintained uniform speeds

WYOMING
Towing (see HB106 from 2015)
Public law, creates new towing reform laws

Again, this is not a complete list of issues that OOIDA is/was involved with. Some issues are intentionally omitted from this list because they are developing, not yet publicly available, or simply because we do not want to alert our opposition.

Finally, if you are aware of an issue not on our list or have any questions about our 2015 state legislative agenda, please contact me directly at 816-229-5791, ext. 1603, or email me at mike_matousek@ooida.com. The more issues we are aware of, the more effective we can be. LL