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Legislative Watch

Michigan


6/7/02-Lawmakers and the governor passed a pair of bills requiring a set of fingerprints by all hazmat license applicants and increasing the penalty for those who transport hazardous material without the proper endorsements or the proper placards. In addition to the current $500 fine, penalties could include up to one year imprisoment. The new laws are in response to the September 11 attacks and the federal government's USA PATRIOT Act (which stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism).

Additionally, lawmakers are moving quickly on a bill that could change requirements for obtaining and maintaining driver's licenses and CDLs. SB1232, introduced and referred to committee April 17, has already passed the Senate and House, and has been returned with amendments to the Senate, where it's well on its way to final passage.

The bill, which would take effect Oct. 1, 2002, would require the Secretary of State to check with a national register before issuing an original, renewal or upgrade of a CDL to an out-of-state applicant. It also would require new procedures for the application and renewal of all driver's licenses, and require the Secretary of State to immediately revoke or suspend all vehicle group designations of the any driver's license if they are notified of the driver's failure to follow railroad safety precautions. For bill status, call (517) 373-0135.

3/8/02 - The Michigan Senate passed HB5205 to amend the state's vehicle code to allow 53-foot tandem trailers starting April 2003. The Senate voted 36-0 to pass its amended version of the bill March 5. The House passed a similar bill Jan. 29, but now must approve the Senate's amendment to delay implementation of the changes until April 2003.

Although the bill could allow an additional axle, it does not affect current vehicle weight limits. The bill also would require all semi trailers longer than 50 feet to have a 37.5- to 40.5-foot wheelbase, plus or minus a half foot, measured from the kingpin to the center of the rear axle assembly. This amendment, which would take effect immediately, was designed to address a problem for truckers hauling loads between Ontario and California and crossing Michigan with fixed wheelbase equipment.

For bill status information, call (517) 373-0170 or visit www.michiganlegislature.org.

2/26/02 - The Michigan House Committee on Transportation is considering a package of four bills affecting diesel fuel taxes. HB5735, sponsored by Rep. Doug Hart, would amend the Motor Fuel Tax Act to impose a tax on diesel fuel imported into or sold, delivered or used in the state. The tax would be 15 cents per gallon through Sept. 30, 2002, and 19 cents per gallon beginning Oct. 1, 2002. The bill also charges the tax on all liquefied petroleum gas used in the state.

HB5734, sponsored by Rep. Keith Stallworth, would require licensed motor carriers to pay a road tax calculated on the amount of motor fuel consumed on public roads or highways. Beginning Oct. 1, 2002, the tax would be 19 cents per gallon. Currently, the tax rate is 21 cents per gallon with a 6 cent per gallon credit. This bill eliminates the 6 cent per gallon credit.

HB5736, sponsored by Rep. Larry Julian, would amend the Use Tax Act to impose a diesel fuel use tax on interstate motor carriers. Currently, the law levies a tax for the privilege of using, storing or consuming tangible personal property. The tax is figured as 6 percent of the price of the property or services being taxed. The bill would change the act, effective Oct. 1, 2002, to apply the tax to diesel fuel used by interstate motor carriers. The price previously figured the 6-percent tax would be the statewide average retail price of a gallon of self-serve diesel fuel as determined and certified quarterly by the department, rounded up to the nearest .01 of 1 cent. The tax would be collected under the International Fuel Tax Agreement (IFTA). The carrier would be allowed a 6 percent credit on diesel fuel purchased in the state.

HB5733, sponsored by Rep. Judson Gilbert II, would amend the Michigan Transportation Fund Act and reallocate funds collected under the Motor Fuel Tax Act and the Motor Carrier Fuel Tax Act.

All four bills were introduced Feb. 21 and referred to the transportation committee. For House general information, call (517) 373-0135.

11/12/01-The Michigan House of Representatives is considering a bill that would allow the operation of three-axle 53-foot trailers on state highways. HB5205, sponsored by Rep. Judson Gilbert II (R-Lansing), was introduced on Oct. 16 and referred to the House Committee on Transportation. Michigan is the only state not allowing this configuration on its highways. Current law limits 53-foot semis to two axles, a regulatory standard adopted in 1986 when the standard trailer length was 48 feet. However, since then the three-axle 53-foot trailer has become the standard size in the North American trucking industry. According to committee testimony, 92 percent of trade across the Ontario-Michigan border is done by trucks and bringing Michigan's axle standard into line with other states and Canada would reduce the industry's costs.
For legislative status information, call (517) 373-1070. Michigan's legislative session ends Dec. 31, 2001.

8-2-01 -- Michigan is getting tough on drivers who endanger construction workers. Under a new law, effective Oct. 1, 2001, a driver who injures a construction work in a work zone faces up to a year in prison. A driver who kills a worker could get up to 15 years. Signs will be posed to warn drivers of the new law. The Detroit Free Press reported that supporters call the new law, Andy's Law, in honor of construction worker Andrew Lefko, who was severely injured by a drunk driver in 1999. The driver served 45 days in jail. The session ends Dec. 31, 2001. For bill status information, call (517) 373-0170.

8/2/01-SB337, sponsored by Sen. Mat J. Dunaskiss, would amend the Motor Fuel Tax Act to specify that the tax imposed on motor fuel be the primary way motorists pay for the privilege of using the state's roads and highways. The bill also states, "The legislature further finds and determines that the taxation of persons by the amount of mileage driven in this state is not an acceptable method of taxation to impose on persons for the privilege of using the public roads and highways in this state." The tax of 19 cents per gallon on gasoline and 15 cents per gallon on diesel applies to all motor fuel imported into or sold, delivered or used in Michigan. The Senate referred the bill to its committee on transportation and tourism on March 15.

HB4081, sponsored by Robert Gosselin, proposes a cap on sales tax collection on gasoline that exceeds $1.20 per gallon. The last action on the bill was Jan. 31 when it was referred to the Committee on Tax Policy.

SB271 proposes a study of the environmental impact of salt and certain replacements, including alternative techniques for salt. The bill also would create a temporary commission for this purpose. It was referred to the committee on transportation and tourism March 1. SB134, proposed by Sen. Loren N. Bennett, would expand the state's gross vehicle weight fees chart to include additional weight levels. The bill was referred Feb. 6 to the committee on transportation and tourism.

The session ends Dec. 31, 2001. For bill status information, call (517) 373-0170.

5/14/2001 - Two bills in Michigan are still alive but making no noise. S337 would prohibit taxing by amount of miles driven in the states and has seen no action since it was referred to the transportation committee in March. H4081, a bill that would limit the state sales tax on fuel, has seen no action since January. The tax under this act would not apply to any amount of the price of a gallon of gasoline that exceeds $1.20 per gallon.
The legislative information office number is (517) 373-0170. The legislative session ends Dec. 31, 2001.