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H0719aaS...................................................by STATE AFFAIRS MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT - Amends existing law to provide that the Multistate Highway Transportation Agreement is enacted into law subject to the condition that no action under Article IV, Section 2 of the Agreement shall become binding on the state of Idaho unless approved by adoption of rules by the Idaho Transportation Department, by adoption of a concurrent resolution or by adoption of a statute by the Legislature of the State of Idaho. 03/07 House intro - 1st rdg - to printing 03/08 Rpt prt - to Transp 03/13 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 64-1-5 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Lake, Linford, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- Kunz Absent and excused -- Chase, Crow, Geddes, Marley, Trail Floor Sponsor - Kempton Title apvd - to Senate 03/16 Senate intro - 1st rdg - to Transp 03/29 Rpt out - to 14th Ord Rpt out amen - 1st rdg - to 2nd rdg as amen 03/30 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 32-0-3 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow; Danielson, Darrington, Davis, Dunklin, Frasure, Hawkins, Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Deide, Geddes, Ipsen Floor Sponsors - Frasure, Ingram Title apvd - to House 03/31 House did not concur in Senate amen Filed with Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 719 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT; AMENDING SECTION 3 49-1901, IDAHO CODE, TO PROVIDE THE MULTISTATE HIGHWAY TRANSPORTATION 4 AGREEMENT IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH ALL OTHER 5 JURISDICTIONS LEGALLY JOINING THEREIN SUBJECT TO CONDITION THAT NO ACTION 6 UNDER SECTION 2, ARTICLE IV OF THE AGREEMENT SHALL BECOME LAWFULLY BINDING 7 ON THE STATE OF IDAHO UNLESS APPROVED BY PROMULGATION AND ADOPTION OF 8 FINAL RULES PURSUANT TO CHAPTER 52, TITLE 67, IDAHO CODE, BY THE IDAHO 9 TRANSPORTATION DEPARTMENT OR BY ADOPTION OF A CONCURRENT RESOLUTION OR BY 10 ADOPTION OF A STATUTE BY THE LEGISLATURE OF THE STATE OF IDAHO AND TO MAKE 11 TECHNICAL CORRECTIONS. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 49-1901, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 49-1901. ENACTMENT OF MULTISTATE AGREEMENT. The Multistate Highway Trans- 16 portation Agreement is hereby enacted into law and entered into with all other 17 jurisdictions legally joining therein as followssubject to the condition that 18 no action under section 2, article IV of the agreement shall become lawfully 19 binding on the state of Idaho unless approved by promulgation and adoption of 20 final rules pursuant to chapter 52, title 67, Idaho Code, by the Idaho trans- 21 portation department or by adoption of a concurrent resolution or by adoption 22 of a statute by the legislature of the state of Idaho: 23 MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT 24 Pursuant to and in conformity with the laws of their respective jurisdic- 25 tions, the participating jurisdictions, acting by and through their officials 26 lawfully authorized to execute this agreement, do mutually agree as follows: 27 ARTICLE I 28 Findings and Purposes 29 SECTION 1. Findings. The participating jurisdictions find that: 30 (a) The expanding regional economy depends on expanding transportation 31 capacity; 32 (b) Highway transportation is the major mode for movement of people and 33 goods in the western states; 34 (c) Uniform application in the west of more adequate vehicle size and 35 weight standards will result in a reduction of pollution, congestion, fuel 36 consumption and related transportation costs, which are necessary to permit 37 increased productivity; 38 (d) A number of western states have already, to the fullest extent possi- 39 ble, adopted substantially the 1964 Bureau of Public Roads recommended vehicle 40 size and weight standards; 41 (e) The 1956 provision of federal law, (23 U.S.C. 127), though long out- 2 1 moded, remains in effect depriving states of interstate matching money if 2 vehicle weights and widths are increased, even though the interstate system is 3 more than eighty per centpercent (80%) complete; and 4 (f) The participating jurisdictions are most capable of developing vehi- 5 cle size and weight standards most appropriate for the regional economy and 6 transportation requirements, consistent with and in recognition of principles 7 of highway safety. 8 SECTION 2. Purposes. The purposes of this agreement are to: 9 (a) Adhere to the principle that each participating jurisdiction should 10 have the freedom to develop vehicle size and weight standards that it deter- 11 mines to be most appropriate to its economy and highway system. 12 (b) Establish a system authorizing the operation of vehicles traveling 13 between two (2) or more participating jurisdictions at more adequate size and 14 weight standards. 15 (c) Promote uniformity among participating jurisdictions in vehicle size 16 and weight standards on the basis of the objectives set forth in this agree- 17 ment. 18 (d) Secure uniformity insofar as possible, of administrationadministra- 19 tive procedures in the enforcement of recommended vehicle size and weight 20 standards. 21 (e) Provide means for the encouragement and utilization of research which 22 will facilitate the achievement of the foregoing purposes, with due regard for 23 the findings set forth in section 1 of this article. 24 (f) In recognition of desire for a degree of national uniformity of size 25 and weight regulations, it is the further objective to encourage development 26 of broad, uniform size and weight standards on a national basis, and further 27 that procedures adopted under this agreement be compatible with national stan- 28 dards. 29 ARTICLE II 30 Definitions 31 SECTION 1. As used in this agreement: 32 (a) "Designated representative" means a legislator or other person autho- 33 rized to represent the jurisdiction. 34 (b) "Jurisdiction" means a state of the United States or the District of 35 Columbia. 36 (c) "Vehicle" means any vehicle as defined by statute to be subject to 37 size and weight standards which operates in two (2) or more participating 38 jurisdictions. 39 ARTICLE III 40 General Provisions 41 SECTION 1. Qualifications for Membership. Participation in this agreement 42 is open to jurisdictions which subscribe to the findings, purposes and objec- 43 tives of this agreement and will seek legislation necessary to accomplish 44 these objectives. 45 SECTION 2. Cooperation. The participating jurisdictions, working through 46 their designated representatives, shall cooperate and assist each other in 47 achieving the desired goals of this agreement pursuant to appropriate statu- 48 tory authority. 49 SECTION 3. Effect of Headings. Article and section headings contained 50 herein shall not be deemed to govern, limit, modify, or in any manner affect 51 the scope, meaning, or intent of the provisions of any article or section 52 hereof. 53 SECTION 4. Vehicle Laws and Regulations. This agreement shall not autho- 54 rize the operation of a vehicle in any participating jurisdiction contrary to 55 the laws or regulations thereof. 3 1 SECTION 5. Interpretation. The final decision regarding interpretation of 2 questions at issue relating to this agreement shall be reached by unanimous 3 joint action of the participating jurisdictions, acting through the designated 4 representatives. Results of all such actions shall be placed in writing. 5 SECTION 6. Amendment. This agreement may be amended by unanimous joint 6 action of the participating jurisdictions, acting through the officials 7 thereof authorized to enter into this agreement, subject to the requirements 8 of section 4, article III. Any amendment shall be placed in writing and 9 become a part hereof. 10 SECTION 7. Restrictions, Conditions or Limitations. Any jurisdiction 11 entering this agreement shall provide each other participating jurisdiction 12 with a list of any restriction, condition or limitation on the general terms 13 of this agreement, if any. 14 SECTION 8. Additional Jurisdictions. Additional jurisdictions may become 15 members of this agreement by signing and accepting the terms of the agreement. 16 ARTICLE IV 17 Cooperating Committee 18 SECTION 1. Pursuant to section 2, article III, the designated representa- 19 tives of the participating jurisdictions shall constitute a committee which 20 shall have the power to: 21 (a) Collect, correlate, analyze and evaluate information resulting or 22 derivable from research and testing activities in relation to vehicle size and 23 weight related matters. 24 (b) Recommend and encourage the undertaking of research and testing in 25 any aspect of vehicle size and weight or related matter when, in their collec- 26 tive judgment, appropriate or sufficient research or testing has not been 27 undertaken. 28 (c) Recommend changes in law or policy with emphasis on compatibility of 29 laws and uniformity of administrative rules or regulations which would promote 30 effective governmental action or coordination in the field of vehicle size and 31 weight related matters. 32 SECTION 2. Each participating jurisdiction shall be entitled to one (1) 33 vote only. No action of the committee shall be binding unless a majority of 34 the total number of votes cast by participating jurisdictions are in favor 35 thereof. 36 SECTION 3. The committee shall meet at least once annually and shall 37 elect, from among its members, a chairman, a vice chairman and a secretary. 38 SECTION 4. The committee shall submit annually to the legislature of each 39 participating jurisdiction, no later than November 1, a report setting forth 40 the work of the committee during the preceding year and including recommenda- 41 tions developed by the committee. The committee may submit such additional 42 reports as it deems appropriate or desirable. Copies of all such reports shall 43 be made available to the Transportation Committee of the Western Conference, 44 Council of State Governments, and to the Western Association of State Highway 45 Officials. 46 ARTICLE V 47 Objectives of the Participating Jurisdictions 48 SECTION 1. Objectives. The participating jurisdictions hereby declare 49 that: 50 (a) It is the objective of the participating jurisdictions to obtain more 51 efficient and more economical transportation by motor vehicles between and 52 among the participating jurisdictions by encouraging the adoption of standards 53 that will, as minimums, allow the operation of a vehicle or combination of 54 vehicles in regular operation on all Sstate highways, except those determined 55 through engineering evaluation to be inadequate, with a single-axle weight not 4 1 in excess of 20,000 pounds, a tandem-axle weight not in excess of 34,000 2 pounds, and a gross vehicle or combination weight not in excess of that 3 resulting from application of the formula: 4 W = 500 ((LN/N-1) + 12N + 36) 5 where W = maximum weight in pounds carried on any group of two or more 6 axles computed to nearest 500 pounds. 7 L = distance in feet between the extremes of any group of two or more 8 consecutive axles. 9 N = number of axles in group under consideration. 10 (b) It is the further objective of the participating jurisdictions that 11 in the event the operation of a vehicle or combination of vehicles according 12 to the provisions of subsection (a) of this section would result in withhold- 13 ing or forfeiture of federal-aid funds pursuant to section 127, title 23, U.S. 14 Code, the operation of such vehicle or combination of vehicles at axle and 15 gross weights within the limits set forth in subsection (a) of this section 16 will be authorized under special permit authority by each participating juris- 17 diction which could legally issue such permits prior to July 1, 1956, provided 18 all regulations and procedures related to such issuance in effect as of July 19 1, 1956, are adhered to. 20 (c) The objectives of subsections (a) and (b) of this section relate to 21 vehicles or combinations of vehicles in regular operation, and the authority 22 of any participating jurisdiction to issue special permits for the movement of 23 any vehicle or combinations of vehicles having dimensions and/or weights in 24 excess of the maximum statutory limits in each participating jurisdiction will 25 not be affected. 26 (d) It is the further objective of the participating jurisdictions to 27 facilitate and expedite the operation of any vehicle or combination of vehi- 28 cles between and among the participating jurisdictions under the provisions of 29 subsection (a) or (b) of this section, and to that end the participating 30 jurisdictions hereby agree, through their designated representatives, to meet 31 and cooperate in the consideration of vehicle size and weight related matters 32 including, but not limited to, the development of: uniform enforcement proce- 33 dures; additional vehicle size and weight standards; operational standards; 34 agreements or compacts to facilitate regional application and administration 35 of vehicle size and weight standards; uniform permit procedures; uniform 36 application forms; rules and regulations for the operation of vehicles, 37 including equipment requirements, driver qualifications, and operating prac- 38 tices; and such other matters as may be pertinent. 39 (e) In recognition of the limited prospects of federal revision of sec- 40 tion 127, title 23, U.S. Code, and in order to protect participating jurisdic- 41 tions against any possibility of withholding or forfeiture of federal-aid 42 highway funds, it is the further objective of the participating jurisdictions 43 to secure congressional approval of this agreement and, specifically of the 44 vehicle size and weight standards set forth in subsection (a) of this section. 45 ARTICLE VI 46 Entry Into Force and Withdrawal 47 SECTION 1. This agreement shall enter into force when enacted into law by 48 any two (2) or more jurisdictions. Thereafter, this agreement shall become 49 effective as to any other jurisdiction upon its enactment thereof, except as 50 otherwise provided in section 8, article III. 51 SECTION 2. Any participating jurisdiction may withdraw from this agreement 52 by cancelling the same but no such withdrawal shall take effect until thirty 53 (30) days after the designated representative of the withdrawing jurisdiction 54 has given notice in writing of the withdrawal to all other participating 55 jurisdictions. 5 1 ARTICLE VII 2 Construction and Severability 3 SECTION 1. This agreement shall be liberally construed so as to effectuate 4 the purposes thereof. 5 SECTION 2. The provisions of this agreement shall be severable and if any 6 phrase, clause, sentence or provision of this agreement is declared to be con- 7 trary to the constitution of any participating jurisdiction or the applicabil- 8 ity thereto to any government, agency, person or circumstance is held invalid, 9 the validity of the remainder of this agreement shall not be affected thereby. 10 If this agreement shall be held contrary to the constitution of any jurisdic- 11 tion participating herein, the agreement shall remain in full force and effect 12 as to the remaining jurisdictions and in full force and effect as to the 13 jurisdictions affected as to all severable matters. 14 ARTICLE VIII 15 Filing of Documents 16 SECTION 1. A copy of this agreement, its amendments, and rules or regula- 17 tions promulgated thereunder and interpretations thereof shall be filed in the 18 highway department in each participating jurisdiction and shall be made avail- 19 able for review by interested parties.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Frasure Seconded by Ingram IN THE SENATE SENATE AMENDMENT TO H.B. NO. 719 1 AMENDMENT TO SECTION 1 2 On page 3 of the printed bill, in line 49, delete "that:" and insert: 3 "that :"; in line 50, delete "(a) It" and insert: " (a) Iit"; in line 52, fol- 4 lowing "jurisdictions" delete the remainder of the line, delete lines 53 5 through 55 and on page 4, delete lines 1 through 44 and insert: ". by encour-6 aging the adoption of standards that will, as minimums, allow the operation of7 a vehicle or combination of vehicles in regular operation on all State high-8 ways, except those determined through engineering evaluation to be inadequate,9 with a single-axle weight not in excess of 20,000 pounds, a tandem-axle weight10 not in excess of 34,000 pounds, and a gross vehicle or combination weight not11 in excess of that resulting from application of the formula:12 W = 500 ((LN/N-1) + 12N + 36)13 where W = maximum weight in pounds carried on any group of two or more14 axles computed to nearest 500 pounds.15 L = distance in feet between the extremes of any group of two or more16 consecutive axles.17 N = number of axles in group under consideration.18 (b) It is the further objective of the participating jurisdictions that19 in the event the operation of a vehicle or combination of vehicles according20 to the provisions of subsection (a) of this section would result in withhold-21 ing or forfeiture of federal-aid funds pursuant to section 127, title 23, U.S.22 Code, the operation of such vehicle or combination of vehicles at axle and23 gross weights within the limits set forth in subsection (a) of this section24 will be authorized under special permit authority by each participating juris-25 diction which could legally issue such permits prior to July 1, 1956, provided26 all regulations and procedures related to such issuance in effect as of July27 1, 1956, are adhered to.28 (c) The objectives of subsections (a) and (b) of this section relate to29 vehicles or combinations of vehicles in regular operation, and the authority30 of any participating jurisdiction to issue special permits for the movement of31 any vehicle or combinations of vehicles having dimensions and/or weights in32 excess of the maximum statutory limits in each participating jurisdiction will33 not be affected.34 (d) It is the further objective of the participating jurisdictions to35 facilitate and expedite the operation of any vehicle or combination of vehi-36 cles between and among the participating jurisdictions under the provisions of37 subsection (a) or (b) of this section, and to that end the participating38 jurisdictions hereby agree, through their designated representatives, to meet39 and cooperate in the consideration of vehicle size and weight related matters40 including, but not limited to, the development of: uniform enforcement proce-41 dures; additional vehicle size and weight standards; operational standards;42 agreements or compacts to facilitate regional application and administration43 of vehicle size and weight standards; uniform permit procedures; uniform44 application forms; rules and regulations for the operation of vehicles,2 1 including equipment requirements, driver qualifications, and operating prac-2 tices; and such other matters as may be pertinent.3 (e) In recognition of the limited prospects of federal revision of sec-4 tion 127, title 23, U.S. Code, and in order to protect participating jurisdic-5 tions against any possibility of withholding or forfeiture of federal-aid6 highway funds, it is the further objective of the participating jurisdictions7 to secure congressional approval of this agreement and, specifically of the8 vehicle size and weight standards set forth in subsection (a) of this9 section.". 10 CORRECTION TO TITLE 11 On page 1, in line 10, following "IDAHO" insert: ", TO LIMIT OBJECTIVES OF 12 THE PARTICIPATING JURISDICTIONS AS PROVIDED IN ARTICLE V OF THE AGREEMENT TO 13 THE OBJECTIVE OF OBTAINING MORE EFFICIENT AND MORE ECONOMICAL TRANSPORTATION 14 BY MOTOR VEHICLES BETWEEN AND AMONG THE PARTICIPATING JURISDICTIONS,".
STATEMENT OF PURPOSE RS 10229 This proposed legislation will protect the state of Idaho from unilateral committee actions under the Multistate Highway Transportation Agreement, 49-1901, Idaho Code. Committee actions under Article IV, Section 2 of the Multistate Highway Transportation Agreement shall not be lawfully binding on the state of Idaho unless approved by the Idaho legislature through: 1) review of rules originating with the Idaho Department of Transportation, 2) adoption of a concurrent resolution or 3) adopting of a statute. FISCAL IMPACT This legislation will prevent unintended financial consequences of unilateral committee actions under the Multistate Highway Transportation Agreement. Contact Name: Rep. Jim Kempton Phone: 208/332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 719