Legislative & Regulatory Update
February 19, 2010

The Illinois General Assembly was busy this week hearing hundreds of bills in various House and Senate committees. However the growing state budget deficit continues to be the $13-billion ‘gorilla in the room’. In addition, the “think tank” group, the Pew Center on the States announced this week that Illinois ranks dead last when it comes to state pension funding, with only 54% of the state’s pension obligations funded.

We continue to track over 130 bills on a daily basis that could impact the trucking industry. Among the more controversial issues is legislation that has been introduced to limit red-light enforcement cameras. At this point, these photo enforcement bills have been placed in legislative sub-committee, which usually means they have virtually no hope of emerging before the committee hearing deadline of March 4.

We will continue to monitor photo enforcement legislation, along with all truck-related legislation, and will update you if any proposals are allowed to move forward in the legislature.


LOCAL TRUCK ACCESS FOR LENGTH PASSES SENATE COMMITTEE

SB 2927, sponsored by Senate Transportation Committee Chairman, Martin Sandoval (D-Chicago), will restore three paragraphs to the Illinois Vehicle Code that gives trucks up to 65-ft long access onto local road to points of delivery or for food, fuel, rest, and repair. The legislation corrects a drafting error from last year when the access was accidentally deleted from the Illinois Vehicle Code.

SB 2927 passed the Senate Transportation Committee unanimously this week. Please contact your Senator and ask them to SUPPORT SB 2927.

An identical bill in the House, HB 5819, sponsored by House Transportation Chairman, Dan Beiser (D-Alton), is scheduled to be heard this week in committee. Please contact your Representative and ask them to SUPPORT HB 5819.


PREVAILING WAGE EXPANSION FOR AGGREGATE MATERIALS IS BACK AGAIN

Organized labor is once again pushing legislation that would require prevailing wage apply to the hauling of aggregate material (sand, dirt, gravel, asphalt, etc.) off of the public works site. HB 6112 is sponsored by Rep. Bob Flider (D-Decatur).

For over a decade, legislation along with Illinois case law has upheld that Prevailing Wage cannot be applied to work off of the public works jobsite, which is why hauling of aggregate material to or from the public works project has never been included.

And while organized labor argues that extending the prevailing wage off of the jobsite will increase wages for truck drivers, common sense says that any increase in labor costs will result in higher costs to build roads and schools and fewer projects completed due to the high costs and less work for everyone as projects are either scaled back or eliminated altogether.

HB 6112 may be called for a committee vote during the first week of March. Please call your Representative and ask them to OPPOSE HB 6112. In addition, Representative Flider’s phone numbers are (217) 428-2708 or (217) 782-8398.

On a related note, SB 3813, Sen. Mike Jacobs (D-Moline), expands the prevailing wage off of the jobsite for any workers who produce or process aggregate material, including concrete, cement, or asphalt. The bill also adds transportation of aggregate material as prevailing wage work. Senator Jacobs’ bill has yet to be assigned to committee.


HOUSE PASSES $500 FINE FOR NO NAME ON TRUCK

Despite opposition from the trucking industry, the Illinois House passed a measure this week that would increase the fine from $50 to $500 for driving truck onto a construction site that does not have a company name on the, with the fine going to the local jurisdiction that issues the citation.

HB 4673, sponsored by Rep. John D’Amico (D-Chicago), passed the Illinois House this week nearly along party lines, 70-38.

Similar requirements in the Federal Motor Carrier Safety Regulations that require the company name and USDOT number carry a $75 fine, however Illinois enforcement officers have indicated that a written warning is usually issued instead of a fine.

The bill now moves to the Senate, where Sen. Tony Munoz (D-Chicago), is sponsoring the legislation. Please call your Senator and ask them to OPPOSE HB 4673.

LEGISLATOR CONTACT INFORMATION

Want a way 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