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for the Arkansas Trucking Association   Governor Mike Beebe had also vowed   riers register with the International
              Self-Insurers’ Fund, helped author the   two years ago to support its repeal since   Registration Plan, or IRP, and the
              legislation. “This law gives owner-oper-  it had no offsetting revenue.  increase was about 15 percent of the
              ators the freedom to be independent,   “We really wanted to make sure our   percent or total miles each truck trav-
              small business owners while affording   trucking companies kept that exemp-  eled in Arkansas.
              motor carriers the statutory protection,”   tion,” said Kidd. “There are more than   The legislation also sets aside $2
              said Carter. “In addition and most sig-  35 states that offer such an exemption   million per year to improve the safety of
              nificantly, it gives owner-operators the   and the industry more than pays its   the commercial truck industry through
              freedom to choose the same workers’   share of other types of taxes as it is.”  cooperative public private programs that
              compensation program that protects the   ATA met with Arkansas Highway   focus on a variety of issues.
              employees of the motor carrier, without   Department officials before the legis-  “For the first time ever, the indus-
              giving up their small business status.   lative session to find ways to replace   try and our state transportation agency
              I know of no other law like this any-  the lost revenue from the exemption   can actually work together to improve
              where.”                            and to also address commercial truck   commercial truck safety and to improve
                                                 safety issues. Those meetings culmi-  the efficient movement of freight in
              SaLES Tax ExEmPTIoN SEcUrEd        nated when State Senator Keith Ingram   Arkansas,” said Kidd.
                 Arkansas trucking company own-  (D-West Memphis) introduced a bill
              ers can rest easy knowing the sales tax   called “The Commercial Truck Safety   INdEmNIfIcaTIoN faILS
              exemption on new and used trucks and   and Education Fund Act.”          Less successful was a bill that
              semitrailers implemented in July 2012   But there were some wrinkles to   would have prevented agreements
              will remain on the books.          overcome. First, the legislation shifted   between shippers and trucking com-
                 There was some doubt the exemp-  the lost sales tax revenue off the backs   panies in which the motor carrier
              tion would stand when the legislative   of small Arkansas truckers to all motor   indemnifies the shipper from negligent
              session convened and State Senator Bill   carriers that register apportioned tags   acts that cause damage or injury to
              Sample (R-Hot Springs) introduced a   — those that operate outside Arkansas   the trucking company’s property or
              bill to repeal it. Democratic Arkansas   or travel through the state. Those car-  employees. Introduced by State Senator














































        34                                                                            arkansas Trucking rePorT | issue 2 2013
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