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Government Affairs

Truck Related Bills in the 95th Michigan Legislature 2009-2010

For bill text and status, go to www.MichiganLegislature.org and enter the bill number

Senate

162 MILK HAULERS' FUEL TAX (Barcia) Exempt raw-milk haulers form IFTA reporting under Motor Carrier Fuel Tax Act 9but not Motor Fuel Tax Act, nor from paying fuel tax.)

201 TRADE-IN TAX (Sanborn) Charge no sales tax on value of trade-in for vehicle, house trailer, earth mover over 5 tons, snowmobile, or boat. Compare numerous bills reducing the sales tax on vehicles or parts: SB 201, 377; HB 4152, 4208, 4564, 4605, 4679, 4701-3, 4800, 4825. H-1 passed House.

276 FREE TO DANGLE (Jelinek) Repeal prohibition of dangling ornaments (on rearview mirrors; remedy unconstitutionally-vague language.) S-1 passed.

342 EMERGENCY HATCH (Anderson) Require standardized emptying port on all hazmat tankers.

402 DATA ENTRY (Thomas) Prohibit texting or data entry while driving, including use of navigation screens. Compare other bills involving cell phones: HB 4369, 4394; SB 417, 467, 468, 989. Reported.

433 TRUCK SCALES, BONDS (Sanborn) Require posting of bond equal to fine (instead of twice fine) before moving overweight trucks. Establish qualifications for certifying truck scales.
P.A. 169 of 2009.

448 SEPTAGE HAULERS (McManus) Require road agencies to issue permits exempting septic-tank trucks from spring weight restrictions. Passed Senate.

574 VETERANS' CDL'S (Garcia) No CDL road test needed for service veterans. Passed Senate.

728, 9 MOVE OVER FOR MAILMEN (Stamas) Require drivers to move over or slow down for stopped postal vehicles.

741 PROHIBIT TICKET QUOTAS (Anderson + 12) Strengthen prohibition of traffic-ticket quotas (outlaw use as performance measure for police.) Same as HB 5287.

746 ESCORT VEHICLES (Barcia) Require amber flashing lights on oversize-load escort vehicles instead of signs.

861 MOTOR CARRIER FEES (Gilbert) Cut annual in-state motor carrier (authority, not vehicle) registration fee from $100/truck to $25 (pro-rated for part-year registration.)

862 DIESEL-FUEL TAX (Gilbert) Increase motor carrier fuel tax from 15 to 19 cents/gallon (but not motor fuel tax on diesel fuel-second bill needed.) See SB 863. S-3 reported.

863 ACT 51 FORMULA; DIESEL TAX (Gilbert) Award 2 cents' proceeds from Motor Carrier Fuel Tax Act to State Truckline Fund, 2 cents to local-road bridges. See SB 862. Reported.

1069 DIESEL IDLING (Basham) Prohibit idling for more than 5 minutes in any 60 by a "commercial diesel vehicle" of any size ($150 fine to truck driver), except 30 minutes total permitted at any unloading location ($500 fine for property owner.) No fine for first violation. Exempt vehicles in traffic, vehicles being unloaded or tested, and auxiliary power units depending on age of main engine and design of anti-idling engine.

1108-10 ELECT ROAD COMMISSIONS (Gilbert) Allow electing road commissioners from districts. Also HB's 5774-5776.

House

4224 LOGGING IMPLEMENTS (Ebli) Allow trucks to tow multiple wood-harvesting implements. P.A. 37 OF 2009.

4328 DEALER PLATES (Mayes) Allow use of dealer plates on commercial vehicles.

4394 TEXTING WHILE DRIVING (Gonzales) Prohibit texting over a hand-held or laptop 2-way device while driving; exempt GPS devices; secondary enforcement. H-5 reported to Senate.
Also HB 4370. Compare SB 402, 417, 467, 468, 989; HB 4369, 4370.

4603 RAISE FUEL TAXES (Cushingberry) Raise fuel taxes by 50 cents/gallon for gasoline and diesel fuel.

4614 MULTIPLE VIOLATIONS (Dean) Define "aggressive driving" as 2 violations in a "single continuous period of driving," including speeding, violating a traffic-control device, tailgating, passing on the shoulder, or serious violations. Up to $2,500 fine or 180 days.

4633, 34 AUTOMATED INSURANCE VERIFICATION; TRUCK FINES (Johnson) Create database of proof of vehicle insurance searchable by police or contractors. Repeal uninsured-truck fines of up to $10,000.

4653 PROHIBIT V.M.T. TAX (Opsommer) Prohibit collection of road-user fees based on "the tracking of where vehicles drive."

4726 PARKING TICKETS (R. Schmidt) Reduce from 6 to 3 the number of unpaid parking tickets before driver's license can be withheld at request of court. Passed House.

4748 LANE CHANGES (LeBlanc) Prohibit lane changes within intersections controlled by a traffic-control device.

4953 DIESEL FUEL SALES TAX (Angerer) Abolish sales tax on diesel fuel sold for use in interstate (IFTA) trucks. See HB 4954. Committee meeting held. (This package may be amended to exempt IFTA trucks from payment of motor carrier fuel tax at point of fuel purchase and require payment with IFTA quarterly return.)

4954 RESTORE DIESEL DISCOUNT (Proos) Apply specific 6% diesel fuel tax to fuel sold in-state to IFTA trucks, collect on IFTA return and not at retail. Meeting held.

4961 PUBLIC/PRIVATE PARTNERSHIPS (Gonzales) Enable privately-financed and operated roads for MDOT projects, and HOT lanes or tolls on new capacity only. Hearings held.

4999 UTILITY TRUCKS (Mayes) Require utilities' subcontractors' trucks to carry signs and notifications while exempt from county road spring weight restrictions. Presented.

5140 REMOVE CRASHED CARS (Byrnes) Permit and require removal of crashed cars from traveled lanes, if drivable. P.A. 10 of 2010.

5143 CITY ABSOLUTE LIMITS (Dean) Enable cities and villages to set absolute speed limits (in addition to prima facie); allow city councils to set speed limits on state trucklines and county roads if approved by State Police, based on an engineering study. Allow prima facie limits below 25 m.p.h. in subdivisions and business districts.

5346-51 AEROTROPOLIS (Geiss) Six-bill package to extend various tax abatements to businesses moving from out-of-state into logistics parks near airports and shipping tangible property by multimodal means. H-1 reported.

5383 REQUIRE LOW CARBON FUEL (Gonzales) Mandate 10% of vehicle fuels (auto, truck, rail, marine) to be "low carbon" as defined by DEQ by 2020.

5391-93 INTERSTATE TRUCK SALES TAX (Jackson) Apply sales and use taxes to interstate trucks and trailers; allow annual tax credit for mileage traveled in Michigan.
5506 GRAVEL ROAD SPEED LIMITS (Kowall) Restore unsupported speed limits posted as of 2006 on unpaved roads lined with residences. Also SB 977; compare HB 5600.

5527-29 SEVICES TAX (Meadows) Reduce sales tax to 5%. Create services tax on sale of services other than business-to-business (presumably not including carriage.)

5768 FUEL TAX INCREASE ( Ball) Two 4-cent increases in the gasoline tax and two 6-cent increases in the diesel fuel tax, in 2010 and on Jan. 1, 2013, to 27 cents/gallon.

5784 TURN YOURSELF IN (Lori) Require motorists to report in person to Secretary of State's office following any traffic stop or crash involving injury or more than $1,000 damage for verification of insurance; <$500 fine or 93 days for failure to report.

5897 REGISTRATION TAX INCREASE (Cushingberry) Increase light-vehicle ad valorem and motorcycle registration taxes by 90% in five steps by Jan. 1, 2014, plus additional $7.50; all other classes of weight-based cars, trucks, and trailers by four 5% increases in 2011 through 2014. Increase TACF fee from $5.75 to $7.75/vehicle and apply to all vehicles except historic. Reduce $30 historic vehicle registration period from 5 years to one. Increase plate transfer fee from $8 to $30, credit $22 to MTF. Charge new tax for higher value vehicle upon plate transfer (instead of at renewal.) No increase for motor homes or cars under $12,000.

Michigan Trucking Association
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Phone (517) 321-1951 - Fax (517) 321-0884