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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
H0719
|||| 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 follows subject 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 cent percent (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 administration administra-
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.
AH0719
|||| 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 of
7 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 weight
10 not in excess of 34,000 pounds, and a gross vehicle or combination weight not
11 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 more
14 axles computed to nearest 500 pounds.
15 L = distance in feet between the extremes of any group of two or more
16 consecutive axles.
17 N = number of axles in group under consideration.
18 (b) It is the further objective of the participating jurisdictions that
19 in the event the operation of a vehicle or combination of vehicles according
20 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 and
23 gross weights within the limits set forth in subsection (a) of this section
24 will be authorized under special permit authority by each participating juris-
25 diction which could legally issue such permits prior to July 1, 1956, provided
26 all regulations and procedures related to such issuance in effect as of July
27 1, 1956, are adhered to.
28 (c) The objectives of subsections (a) and (b) of this section relate to
29 vehicles or combinations of vehicles in regular operation, and the authority
30 of any participating jurisdiction to issue special permits for the movement of
31 any vehicle or combinations of vehicles having dimensions and/or weights in
32 excess of the maximum statutory limits in each participating jurisdiction will
33 not be affected.
34 (d) It is the further objective of the participating jurisdictions to
35 facilitate and expedite the operation of any vehicle or combination of vehi-
36 cles between and among the participating jurisdictions under the provisions of
37 subsection (a) or (b) of this section, and to that end the participating
38 jurisdictions hereby agree, through their designated representatives, to meet
39 and cooperate in the consideration of vehicle size and weight related matters
40 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 administration
43 of vehicle size and weight standards; uniform permit procedures; uniform
44 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-aid
6 highway funds, it is the further objective of the participating jurisdictions
7 to secure congressional approval of this agreement and, specifically of the
8 vehicle size and weight standards set forth in subsection (a) of this
9 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