Government Affairs

SB 287 – Ag Roads Grant Program – 2023 Wisconsin Act 19

SB 287 creates a $150 million grant program for agricultural roads with posted weight restrictions.  The intent is to provide targeted funding for local roads with such weight restrictions, and in exchange for the grant, the local municipality could no longer post weight restrictions on any road that receives funding for improvements and upgrades.

Signed into law on June 21, 2023; funding enacted on July 5, 2023.

SB 613 caps the amount of non-economic damages that a person may recover from a motor carrier for injury, death or other loss at $1 million per victim. This is the WMCA’s marquee bill this session. The legislation is aimed at preventing multimillion dollar “nuclear” verdicts against trucking companies from occurring in Wisconsin.  SB 613 is enrolled and awaiting action by the governor.

SB 271 requires the Department of Workforce Development (DWD) to establish a commercial driver training grant to persons and entities that provide CDL training. Grants may not exceed, for each person trained, 50% of the cost to train that person or $3,000, whichever is less. The deadline for applications and sunset of the funding is July 1, 2025. SB 271 is enrolled and awaiting action by the governor.

SB 431 authorized the DOT to issue annual or consecutive month OSOW permits up to 98,000 pounds and includes liquid whey and whey byproducts in the definition of “fluid milk product”. This bill has been promoted by the Wisconsin Milk Haulers Association. SB 431 is enrolled and awaiting action by the governor.

SB 617 requires the DOT to issue registration plates or decals for existing plates identifying hybrid and nonhybrid electric motor vehicles as electric vehicles (EVs). This was priority legislation for the Wisconsin Towing Association. EVs pose certain risks for first responders that gas fueled vehicles don’t including electric shock and potential fires from damaged or defective batteries. The bill is enrolled and awaiting action by the governor.

SB 581/AB 549 provides a one-time grant from the Technical College System Board of up to $5,000 as a hiring bonus for instructors in manufacturing and commercial driver’s license programs.

SB 676/AB 693 removes the restrictive reference to “registered weight” in the statutory definition of commercial motor vehicle (CMV) and from a section of DOT administrative rules pertaining to exemptions from motor carrier safety rules. By definition, a CMV weighs in excess of 26,000 pounds and a driver must possess a CDL and adhere to HOS.

If a Wisconsin-licensed driver operating a vehicle or combination vehicle and trailer without a CDL is inadvertently registered a as registered  weight but is actually under 26,000 pounds, the driver, if stopped by law enforcement, is guilty of a traffic crime, placed out of service, mandated to appear in court and must place a $200 cash bond. This bill would place Wisconsin in line with other surrounding states using the CMVSA definition of “commercial motor vehicle.” The Wisconsin State Patrol has advocated for the change in “registered weight” for nearly twenty years.

Assembly Bill 142/Senate Bill 212

This legislation seeks to prevent state and local governments from prohibiting the sale of vehicles based on the power source of the engine. Some states, most notably California, plan to eliminate the sale of gasoline powered engines entirely by 2035 and e from the sale of motor vehicles, motor vehicle parts, accessories and services over a fifteen year period , starting with 10% in year one and capping at 50% in year 15.

CDL Tuition Grant Program

Legislation to create a tuition grant program for CDL students has recently been reintroduced in the Legislature.  Last year, a somewhat similar bill was passed by both the Assembly and Senate but ultimately vetoed by Governor Evers.  The Governor said in his veto message that he did not believe the Department of Transportation should be administering such a grant program.

This new proposal directs the Department of Workforce Development to administer the program, which would provide a 50% tuition reimbursement to any person who completes a CDL program, up to $3,000 in grant money.  The total cost for the program over the biennium would be $3 million and would sunset in June of 2025.

Call on Washington

ATA’s Call on Washington program is an opportunity to meet directly with Members of Congress, key congressional staff, federal regulators, fellow industry leaders, as well as ATA staff to discuss in person legislation and regulations affecting the trucking industry. In sum, no other program provides such direct interaction with so many significant government and industry contacts.

Each year, WMCA members make the trip to the nation’s Capitol to share their thoughts, ideas and issues with Wisconsin Representatives and Senators.  Watch for more information on the WMCA Events Page.

2021 AB 941

This bill requires the Wisconsin Department of Transportation to establish three programs related to increasing the numbers of individuals with a Commercial Driver’s License (CDL).

1. Commercial Driver Scholarship Program – DOT provides scholarships to individuals who enroll in commercial motor vehicle courses. The Scholarship may not exceed 50% of the student’s tuition cost for the course. In Wisconsin, the tuition rate can range between $2,500 and $4,500 for most schools.

2. Employer Training Program – DOT provides grants to employers that provide training for an individual to receive their CDL. Grants may not exceed 50% of costs for training the employee or $3,000, whichever is less.

3. Commercial Driver Recruitment Program – DOT provides $500 grants to individuals who recently obtained a CDL and maintained employment for one year and a $500 to the employers of these individuals

WMCA Addresses Supply Chain & Driver Shortage Issue

WMCA president Neal Kedzie has been on the talk circuit in recent months addressing the truck driver shortage and the factors affecting the slowdown in the supply chain.

Speaking engagements included: keynote speaker in Milwaukee to address the Independent Business Association of Wisconsin, guest speaker for the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Industry Stakeholders Group and an interview with the Wisconsin State Journal. Dan Johnson was also interviewed by WTMJ Radio 620, Milwaukee.

The office of State Assembly Speaker, Robin Vos recently invited the WMCA to a meeting to solicit input seeking legislative solutions to assist the state trucking industry with the driver shortage problem and ease the supply chain crisis.

Among issues discussed were: state grants to carriers to use for driver recruitment programs, CDL training, etc., promoting careers in trucking through high school guidance counselors, more resources for the returning military CDL program, an emphasis on women and minority drivers, and reciprocal OSOW permits with bordering states.

2021 AB 292/SB 311 (Wisconsin Act 115) – Highway Emergency Safety Zones: Authored by Rep. Loudenbeck(R) and Sen. Ballweg(R) and signed into law December 6, 2021.

The Act initiates Emergency Safety Zones when roadside responders are present and assisting traffic accidents. Fines and penalties are greatly increased for violations within 500 feet of an authorized emergency vehicle giving a visible signal or a tow truck displaying flashing red lamps. This was priority legislation for the Wisconsin Towing Association this session.

2021 AB 691/SB 703 – Classification of motor vehicle operators as independent contractors versus employees: Authored by Rep. Spiros(R) and Sen. Cowles(R).

This bill provides that, for the purpose of worker’s comp, unemployment insurance, minimum wage law, income and franchise taxes and wage claims, an owner-operator/independent contractor hired by a motor carrier and required to deploy, implement or have a truck with required safety equipment, does not constitute “employer-like” control by the carrier company, which in turn would misclassify those drivers as employees and not independent contractors under state law.

This legislation does not change any test for determining a worker’s status under state law. It simply states that a motor carrier’s pursuit of safety improvements, which are in the best interest of the truck driver and the motoring public, is not considered as any such test.

WMCA president, Neal Kedzie testified in favor of the bill at a recent hearing of the Assembly Committee on Labor and Integrated Employment.

2019 Wisconsin Act 27

On November 20, 2019 WMCA Vice President Dan Johnson was present during a bi-partisan bill signing that requires educational training on the recognition and prevention of human trafficking for commercial truck drivers.

“Human trafficking impacts all of Wisconsin’s 72 counties, and truck drivers can play a critical role in reducing and preventing this crime,” said Gov. Evers. “Truck drivers are on the front line of this issue as they not only reach every corner of our state, but often travel across state lines. By ensuring that they are vigilant and have the knowledge and training to recognize human trafficking, we can protect vulnerable individuals from continued exploitation.”

Heavy Truck Registration Fee Increase Defeated

The Governor proposed raising registration fees for heavy, commercial motor vehicles by about 27%, which would have resulted in a fee increase (on average) of $690 per truck owned by a company.  The WMCA worked alongside other like-minded trade associations to effectively kills this provision in the Governor’s budget.

Tolling and Vehicle Tax Study Defeated

The Legislature inserted a provision in the budget to spend $2.5 million for a DOT study on mileage-based fees and tolling which the WMCA government relations team had strongly opposed.  The WMCA legislative team contacted the Governor’s office specifically requesting the provision be struck from the budget, which ultimately was done.

Also, there will be no fuel tax increase or inflationary increases to the fuel tax, as originally requested by the Governor.  While the WMCA does support a modest increase in the fuel tax, there is no general support for such an increase in the Legislature at this time.

WMCA Legislative Day

On March 6, 2019 WMCA President Neal Kedzie and thirteen WMCA members consisting of trucking executives, allied trucking members met with legislators at the Capitol after attending WMC’s Business Day’s morning sessions. While at the Capital, they discussed the transportation budget, DOT audit, fuel tax, tolling, and more with  Rep. Thiesfeldt (author of AB22 Human Trafficking – Trucker CDL Education), Rep. Kulp (ch. Transportation) & Rep. Spiros (v.c. Transporation), Sen. Dan Feyen, Asst. Majority Leader, Sen. Petrowski (ch. Transportation) & Sen. Marklein (v.c. Transportation & Joint Finance Committee member)

Call on Washington

ATA’s Call on Washington program is an opportunity to meet directly with Members of Congress, key congressional staff, federal regulators, fellow industry leaders, as well as ATA staff to discuss in person legislation and regulations affecting the trucking industry. In sum, no other program provides such direct interaction with so many significant government and industry contacts.

This year’s Call on Washinton took place on May 8-9, 2018, where we had eleven WMCA members in attendance. Below is a snapshots of our time spent in D.C.! 2019’s Call on Washington will be taking place May 7-8. For more information check our events page here.

WMCA Legislative Day

On February 28, 2018 WMCA President Neal Kedzie and thirteen WMCA members consisting of trucking executives, allied trucking members met with legislators at the Capitol after attending WMC’s Business Day’s morning sessions. While at the Capital, they discussed the transportation budget, DOT audit, fuel tax, tolling, and more with Rep. Steineke, DOT Sec. Ross, Sen. Petrowski, Ch. Senate Transportation Committee, Rep. August, Rich Zipperer, Chief of Staff  for Gov. Walker.

WMCA Takes a Stand Against Massive Tax Increase on Trucks

As the Wisconsin Legislature struggles to pass its version of the 2015-17 budget due to disagreements on the transportation portion of the budget, a remarkably bad idea to significantly raise taxes on the trucking industry surfaced. The Wisconsin Motor Carriers Association believes the proposal would harm trucking businesses, consumers and Wisconsin’s economy. At issue was a proposed tax on trucks of 2.85 cents-per-mile on commercial trucks weighing 59,000 pounds gross vehicle weight rating (GVWR) or more. The only class of trucks in this weight category is semi-trucks.

Once WMCA heard about this super tax, we set out and lobbied to dozens of legislators, both in the senate and the assembly, the governor’s office along with our membership to educate them about the devastating affect this punitive tax would have. Our efforts were statewide and included press releases and op-ed responses throughout Wisconsin.  WMCA President, Neal Kedzie along with some WMCA members were interviewed by several news outlets both in print, on T.V. and radio.

It looked as if the tax was gaining momentum, but with the help of the WMCA and the industry coalition we created we were able to derail the legislation. The WMCA also appreciates the Senate Republicans who publicly announced their opposition to the heavy truck tax proposal and prevented its advancement to the senate.

Thank you to those who responded to our plea, joined our coalition and reached out to legislators. Due to our strength in numbers, we stood as a united front and shut this tax down! However, we must stay vigilante. Keep your eyes out for future legislative alerts.

Call On Washington

The 2015-16 legislative session has ended with a number of bills of interest being enacted into law. The WMCA is on public record in support of the following new laws:

2015 WI Act 135 – Motor Carrier Intrastate Regulations

Clarifies current law relating to interstate motor carriers, including DOT’s regulatory authority over interstate motor carriers, also applies to motor carriers engaged in intrastate commerce.

2015 WI Act 137 – Transport of Radiological Materials

Requires a DOT permit for carrying radiological materials on state highways with an escort by state police.

2015 WI Act 139 – Yielding to Large CMVs in Roundabouts

Requires any vehicle which is not a large commercial motor vehicle to yield the right of way to any large commercial motor vehicle in a roundabout that may need to deviate from one lane to the other.

2015 WI Act 180 – Workers Compensation Law revisions

This new law allows the state to more aggressively pursue allegations of fraud and caps the amount of money an employee can receive for some injuries. It shortens the statute of limitations for what it deems “traumatic injuries” from twelve to six years. It bars employees or their dependents from getting money if the person was injured on the job because he or she violated the employer’s drug or alcohol policy. It also clarifies that an employer is only liable for the percentage of a permanent disability that was caused while an employee was working for that employer, not for pre-existing damage from prior injuries; codifies that if an injured worker is brought back to work on light duty during their healing period, and are terminated while on light duty for misconduct, they are not eligible for indemnity benefits; and allows the Department of Workforce Development to seek help from the Wisconsin Department of Justice for fraud investigations.

2015 WI Act 361 – Sales Tax on Heavy Trucks

This bill eliminates a “double tax” which is unequally applied to the sale of heavy trucks and trailers sold in Wisconsin. Currently, Wisconsin’s tax code currently allows the federal excise tax (FET) to be applied to the sale of heavy trucks and trailers before sales tax is applied. This essentially creates a tax on a tax. For instance, if a truck costs $100,000, the federal excise tax of 12% is applied, making the sale price of that truck $112,000. Then the sales tax is applied to the sale price of $112,000. Assembly Bill 629 corrects this inequity and requires sales tax be applied on the sale price before FET is added. The bill passed both Houses and is expected to be signed into law by Governor Walker.

2015-17 Wisconsin State Budget

The WMCA worked hard to support the State Energy Office request to extend the funding for the Truck Idling Grant Program another five years in the 2015-17 State Budget.  Some lawmakers sought to neutralize the program, but our efforts – and those of our members – led to the continuation of this economically and environmentally sound program.  The Truck Idling Grant program allowes companies to field test the idling technologies for their fleets before making a purchase decision.  This program also helped the industry address the high cost of fuel and Federal Emissions mandates on the industry. To date, WMCA members have received more than $15 million in grants. The State budget extended the program to 2020 with additional $5 million in funding for the Trucking Industry.    This potentially could provide WMCA members $140,000 annually under the program.

Also in the budget, the WMCA continued to support funding for the Fast Forward Training Grant program. The grant program provides available funds for employer-driven worker training programs for transportation, logistics, and distribution occupations.  These funds can be used to train new drivers, office personnel and Diesel Mechanic’s for WMCA members.  The Budget continued funding for this training program for another $15 million.  Those funds will provide WMCA members with up to $400,000 in training resources.

May, 2015

The Wisconsin Motor Carriers Association supported common-sense legislation that makes a number of revisions to commercial drivers licenses, effectively attempting to mirror federal law in most cases.  The bill was signed into law as 2015 Wisconsin Act 123, and includes the following provisions:

• Prohibits a person from driving a CMV while using a cellular telephone or other wireless telephone (hand-held), except to report an emergency.
• Cancels any CDL or endorsement obtained by a person who commits fraud in attempting to obtain said license or endorsement, and the person is prohibited from driving a CMV for one year.
• Requires a person to submit to a DOT examination if the DOT receives credible information that he/she committed fraud related to the issuance of the CDL.
• Specifies that driving a motor vehicle while composing or sending a text message and driving a CMV while using a cellular or other wireless phone are “serious traffic violations”.

March, 2015

The Wisconsin Motor Carriers Association supported a legislative initiative to make Wisconsin a ‘Right to Work’ state.  The new law prohibits agreements between employers and labor unions that govern the extent to which an established union can require employees’ membership, payment of union dues, or fees as a condition of employment, either before or after hiring.