2001 Legislation
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HOUSE BILL NO. 216 – Multistate Hwy Transp Agreement


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Daily Data Tracking History

H0216.........................................by TRANSPORTATION AND DEFENSE
provide revisions to the Multistate Highway Transportation Agreement in
accordance with changes mutually agreed upon by the participating
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Transp
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 60-0-10
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Hadley, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kellogg, Kendell, Kunz, Langford, Loertscher, Mader,
      Marley, McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smylie, Stone, Tilman, Trail, Wheeler, Wood, Young
      NAYS -- None
      Absent and excused -- Boe, Gould, Hammond, Lake, Montgomery,
      Ridinger, Smith, Stevenson, Swan, Mr. Speaker
    Floor Sponsor -- Wood
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Transp

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 216
  1                                        AN ACT
 11    Be It Enacted by the Legislature of the State of Idaho:
 12        SECTION  1.  That  Section 49-1901, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
 14        49-1901.  ENACTMENT OF MULTISTATE AGREEMENT. The Multistate Highway Trans-
 15    portation Agreement is hereby enacted into law and entered into with all other
 16    jurisdictions legally joining therein as follows:
 18        Pursuant to and in conformity with the laws of their respective  jurisdic-
 19    tions,  the participating jurisdictions, acting by and through their officials
 20    lawfully authorized to execute this agreement, do mutually agree as follows:
 21                                      ARTICLE I
 22                                Findings and Purposes
 23        SECTION 1. Findings. The participating jurisdictions find that:
 24        (a)  The expanding regional economy depends  on  expanding  transportation
 25    capacity;
 26        (b)  Highway  transportation  is the major mode for movement of people and
 27    goods in the western states;
 28        (c)  Uniform application in the west of more  adequate  vehicle  size  and
 29    weight  standards  will  result  in a reduction of pollution, congestion, fuel
 30    consumption and related transportation costs, which are  necessary  to  permit
 31    increased productivity;
 32        (d)  A number of western states have already, to the fullest extent possi-
 33    ble, adopted substantially the 1964 Bureau of Public Roads recommended vehicle
 34    size and weight standards; and
 35        (e)  The  1956 provision of federal law, (23 U.S.C. 127), though long out-
 36    moded, remains in effect depriving states  of  interstate  matching  money  if
 37    vehicle weights and widths are increased, even though the interstate system is
 38    more than eighty per cent (80%) complete; and
 39        (f)  The  participating jurisdictions are most capable of developing vehi-
 40    cle size and weight standards most appropriate for the  regional  economy  and
 41    transportation  requirements, consistent with and in recognition of principles
  1    of highway safety.
  2        SECTION 2. Purposes. The purposes of this agreement are to:
  3        (a)  Adhere to the principle that each participating  jurisdiction  should
  4    have  the  freedom to develop vehicle size and weight standards that it deter-
  5    mines to be most appropriate to its economy and highway system.
  6        (b)  Establish a system authorizing the operation  of  vehicles  traveling
  7    between  two (2) or more participating jurisdictions at more adequate size and
  8    weight standards.
  9        (c)  Promote uniformity among participating jurisdictions in vehicle  size
 10    and  weight  standards on the basis of the objectives set forth in this agree-
 11    ment.
 12        (d)  Secure uniformity insofar as possible, of administration  administra-
 13    tive  procedures  in  the  enforcement  of recommended vehicle size and weight
 14    standards.
 15        (e)  Provide means for the encouragement and utilization of research which
 16    will facilitate the achievement of the foregoing purposes, with due regard for
 17    the findings set forth in section 1 of this article.
 18        (f)  In recognition of desire for a degree of national uniformity of  size
 19    and  weight  regulations, it is the further objective to encourage development
 20    of broad, uniform size and weight standards on a national basis,  and  further
 21    that procedures adopted under this agreement be compatible with national stan-
 22    dards  Facilitate  communication  between  legislators,  state  transportation
 23    administrators  and  commercial  industry  representatives  in  addressing the
 24    emerging highway transportation issues in participating jurisdictions.
 25                                      ARTICLE II
 26                                     Definitions
 27        SECTION 1. As used in this agreement:
 28        (a)  "Cooperating committee" means a body composed of the designated  rep-
 29    resentatives from the participating jurisdictions.
 30        (b)  "Designated representative" means a legislator or other person autho-
 31    rized under Article X to represent the jurisdiction.
 32        (bc)  "Jurisdiction" means a state of the United States or the District of
 33    Columbia.
 34        (cd)  "Vehicle"  means  any vehicle as defined by statute to be subject to
 35    size and weight standards which operates in  two  (2)  or  more  participating
 36    jurisdictions.
 37                                     ARTICLE III
 38                                  General Provisions
 39        SECTION  1. Qualifications for Membership. Participation in this agreement
 40    is open to jurisdictions which subscribe to the findings, purposes and  objec-
 41    tives  of  this  agreement  and  will seek legislation necessary to accomplish
 42    these objectives.
 43        SECTION 2. Cooperation. The participating jurisdictions,  working  through
 44    their  designated  representatives,  shall  cooperate and assist each other in
 45    achieving the desired goals of this agreement pursuant to  appropriate  statu-
 46    tory authority.
 47        SECTION  3.  Effect  of  Headings.  Article and section headings contained
 48    herein shall not be deemed to govern, limit, modify, or in any  manner  affect
 49    the  scope,  meaning,  or  intent  of the provisions of any article or section
 50    hereof.
 51        SECTION 4. Vehicle Laws and Regulations. This agreement shall  not  autho-
 52    rize  the operation of a vehicle in any participating jurisdiction contrary to
 53    the laws or regulations thereof.
 54        SECTION 5. Interpretation. The final decision regarding interpretation  of
 55    questions  at  issue  relating to this agreement shall be reached by unanimous
  1    joint action of the participating jurisdictions, acting through the designated
  2    representatives. Results of all such actions shall be placed in writing.
  3        SECTION 6. Amendment. This agreement may be  amended  by  unanimous  joint
  4    action  of  the  participating  jurisdictions,  acting  through  the officials
  5    thereof authorized to enter into this agreement, subject to  the  requirements
  6    of  section  4,  article  III.  Any  amendment  shall be placed in writing and
  7    become a part hereof.
  8        SECTION 7.  Restrictions,  Conditions  or  Limitations.  Any  jurisdiction
  9    entering  this  agreement  shall provide each other participating jurisdiction
 10    with a list of any restriction, condition or limitation on the  general  terms
 11    of this agreement, if any.
 12        SECTION  8.  Additional Jurisdictions. Additional jurisdictions may become
 13    members of this agreement by signing and accepting the terms of the agreement.
 14                                      ARTICLE IV
 15                                Cooperating Committee
 16        SECTION 1. Each participating jurisdiction shall have two  (2)  designated
 17    representatives.  Pursuant to section 2, article III, the designated represen-
 18    tatives of the participating jurisdictions shall constitute a the  cooperating
 19    committee which shall have the power to:
 20        (a)  Collect,  correlate,  analyze  and  evaluate information resulting or
 21    derivable from research and testing activities in relation to vehicle size and
 22    weight related matters.
 23        (b)  Recommend and encourage the undertaking of research  and  testing  in
 24    any aspect of vehicle size and weight or related matter when, in their collec-
 25    tive  judgment,  appropriate  or  sufficient  research or testing has not been
 26    undertaken.
 27        (c)  Recommend changes in law or policy with emphasis on compatibility  of
 28    laws and uniformity of administrative rules or regulations which would promote
 29    effective governmental action or coordination in the field of vehicle size and
 30    weight related matters.
 31        (d)  Recommend  improvements  in  highway operations, in vehicular safety,
 32    and in state administration of highway transportation laws.
 33        (e)  Perform functions necessary to facilitate the purposes of this agree-
 34    ment.
 35        SECTION 2. Each designated representative of a participating  jurisdiction
 36    shall  be  entitled  to one (1) vote only. No action of the committee shall be
 37    binding approved unless a majority of the total number of votes  cast  by  the
 38    designated   representatives  of  participating  jurisdictions  are  in  favor
 39    thereof.
 40        SECTION 3. The committee shall meet  at  least  once  annually  and  shall
 41    elect, from among its members, a chairman, a vice chairman and a secretary.
 42        SECTION  4. The committee shall submit annually to the legislature of each
 43    participating jurisdiction, no later than November 1, a report  setting  forth
 44    the  work of the committee during the preceding year and including recommenda-
 45    tions developed by the committee. The committee  may  submit  such  additional
 46    reports as it deems appropriate or desirable. Copies of all such reports shall
 47    be  made  available to the Transportation Committee of the Western Conference,
 48    Council of State Governments, and to the Western Association of State  Highway
 49    Officials.
 50                                      ARTICLE V
 51                    Objectives of the Participating Jurisdictions
 52        SECTION  1.  Objectives.  The  participating  jurisdictions hereby declare
 53    that:
 54        (a)  It is the objective of the participating jurisdictions to obtain more
 55    efficient and more economical transportation by  motor  vehicles  between  and
  1    among the participating jurisdictions by encouraging the adoption of standards
  2    that  will,  as  minimums,  allow the operation of a vehicle or combination of
  3    vehicles in regular operation on all Sstate highways, except those  determined
  4    through engineering evaluation to be inadequate, with a single-axle weight not
  5    in  excess  of  20,000  pounds,  a  tandem-axle weight not in excess of 34,000
  6    pounds, and a gross vehicle or  combination  weight  not  in  excess  of  that
  7    resulting from application of the formula:
  8                            W = 500 ((LN/N-1) + 12N + 36)
  9       where W = maximum weight in pounds carried on any group of two or more
 10             axles computed to nearest 500 pounds.
 11             L = distance in feet between the extremes of any group of two or more
 12             consecutive axles.
 13             N = number of axles in group under consideration.
 14        (b)  It  is  the further objective of the participating jurisdictions that
 15    in the event the operation of a vehicle or combination of vehicles  in  inter-
 16    state  commerce  according to the provisions of subsection (a) of this section
 17    would result in withholding or forfeiture of  federal-aid  funds  pursuant  to
 18    section 127, title 23, U.S. Code, the operation of such vehicle or combination
 19    of  vehicles  at axle and gross weights within the limits set forth in subsec-
 20    tion (a) of this section will be authorized under special permit authority  by
 21    each  participating  jurisdiction which could legally issue such permits prior
 22    to July 1, 1956, provided all regulations and procedures related to such issu-
 23    ance in effect as of July 1, 1956, are adhered to for vehicle combinations  in
 24    excess of statutory weight of 80,000 pounds and/or statutory lengths.
 25        (c)  The  objectives  of subsections (a) and (b) of this section relate to
 26    vehicles or combinations of vehicles in regular operation, and  the  authority
 27    of any participating jurisdiction to issue special permits for the movement of
 28    any  vehicle  or  combinations of vehicles having dimensions and/or weights in
 29    excess of the maximum statutory limits in each participating jurisdiction will
 30    not be affected.
 31        (d)  It is the further objective of  the  participating  jurisdictions  to
 32    facilitate  and  expedite the operation of any vehicle or combination of vehi-
 33    cles between and among the participating jurisdictions under the provisions of
 34    subsection (a) or (b) of this section,  and  to  that  end  the  participating
 35    jurisdictions  hereby agree, through their designated representatives, to meet
 36    and cooperate in the consideration of vehicle size and weight related  matters
 37    including,  but not limited to, the development of: uniform enforcement proce-
 38    dures; additional vehicle size and weight  standards;  operational  standards;
 39    agreements  or  compacts to facilitate regional application and administration
 40    of vehicle size and  weight  standards;  uniform  permit  procedures;  uniform
 41    application  forms;  rules  and  regulations  for  the  operation of vehicles,
 42    including equipment requirements, driver qualifications, and  operating  prac-
 43    tices; and such other matters as may be pertinent.
 44        (ed)  In  recognition of the limited prospects of federal revision of sec-
 45    tion 127, title 23, U.S. Code, and in order to protect participating jurisdic-
 46    tions against any possibility of  withholding  or  forfeiture  of  federal-aid
 47    highway  funds, it is the further objective of the participating jurisdictions
 48    to The cooperating committee may recommend that  the  participating  jurisdic-
 49    tions  jointly  secure  congressional approval of this agreement and, specifi-
 50    cally of the vehicle size and weight standards set forth in subsection (a)  of
 51    this section.
 52        (e)  It is the further objective of the participating jurisdictions to:
 53        (1)  Establish  transportation laws and regulations to meet regional needs
 54        and to promote an efficient, safe and compatible transportation network;
 55        (2)  Develop  standards   that   facilitate   the   most   efficient   and
  1        environmentally  sound  operation of vehicles on highways, consistent with
  2        and in recognition of principles of highway safety;
  3        (3)  Establish programs to increase productivity  and  reduce  congestion,
  4        fuel  consumption and related transportation costs and enhance air quality
  5        through the uniform application of state vehicle regulations and laws.
  6                                      ARTICLE VI
  7                           Entry Into Force and Withdrawal
  8        SECTION 1. This agreement shall enter into force when enacted into law  by
  9    any  two  (2)  or  more jurisdictions. Thereafter, this agreement shall become
 10    effective as to any other jurisdiction upon its enactment thereof,  except  as
 11    otherwise provided in section 8, article III.
 12        SECTION 2. Any participating jurisdiction may withdraw from this agreement
 13    by  cancelling  the same but no such withdrawal shall take effect until thirty
 14    (30) days after the designated representative of the withdrawing  jurisdiction
 15    has  given  notice  in  writing  of  the withdrawal to all other participating
 16    jurisdictions.
 17                                     ARTICLE VII
 18                            Construction and Severability
 19        SECTION 1. This agreement shall be liberally construed so as to effectuate
 20    the purposes thereof.
 21        SECTION 2. The provisions of this agreement shall be severable and if  any
 22    phrase, clause, sentence or provision of this agreement is declared to be con-
 23    trary to the constitution of any participating jurisdiction or the applicabil-
 24    ity thereto to any government, agency, person or circumstance is held invalid,
 25    the validity of the remainder of this agreement shall not be affected thereby.
 26    If  this agreement shall be held contrary to the constitution of any jurisdic-
 27    tion participating herein, the agreement shall remain in full force and effect
 28    as to the remaining jurisdictions and in full  force  and  effect  as  to  the
 29    jurisdictions affected as to all severable matters.
 30                                     ARTICLE VIII
 31                                 Filing of Documents
 32        SECTION  1. A copy of this agreement, its amendments, and rules or regula-
 33    tions promulgated thereunder and interpretations thereof shall be filed in the
 34    highway department in each participating jurisdiction and shall be made avail-
 35    able for review by interested parties.
 36                                      ARTICLE IX
 37                                       Funding
 38        SECTION 1.  Funds for the administration of this agreement, including par-
 39    ticipation in the cooperating committee and the actual expenses of the  desig-
 40    nated  representatives,  shall be budgeted or expensed as determined appropri-
 41    ate.
 42                                      ARTICLE X
 43                       Selection of Designated Representatives
 44        SECTION 1.  The process for selecting the  designated  representatives  to
 45    the cooperating committee shall be established by law under this section.
 46        SECTION  2.  The persons authorized to represent the state of Idaho as the
 47    designated representatives to the committee shall be the chairman of the  Sen-
 48    ate  Transportation Committee and the chairman of the House Transportation and
 49    Defense Committee, or a legislator or a state agency official that the  chair-
 50    man may assign.
 51        SECTION 3.  The transportation chairman in each house shall also designate
 52    one  (1) alternate designated representative who shall also be a legislator or
 53    state agency official to serve in his absence.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 11050
Revision of the Multi-State Highway Transportation Agreement
statute in Idaho Code.

To provide changes to the Agreement as mutually agreed upon by
the participating jurisdictions (states).

Defines "Co-operating Committee," revises the existing powers of
the committee, revises objectives of the participating
jurisdictions, provides a new Article 10 relating to selection of
designated representatives

                          FISCAL IMPACT
Similar to present cost to participate by our state. $10,000.00

      Name: Rep. JoAn Wood
      Phone: 332 1000
      STATEMENT OF PURPOSE/FISCAL NOTE                        H 216