2002 Legislation
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SENATE BILL NO. 1438 – Multistate Hwy Transp Agreement


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S1438.....................................................by TRANSPORTATION
to the Multistate Highway Transportation Agreement to provide changes to
the agreement, including: revising the findings and purposes; defining
"cooperative committee"; clarifying representation on the cooperating
committee, providing additional powers of the committee and revising
existing powers of the committee; revising objections of the participating
jurisdictions; providing a new Article IX on funding; and providing a new
Article X on the selection of designated representatives.
02/11    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Transp

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1438
                                BY TRANSPORTATION COMMITTEE
  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.
 23        (g)  Facilitate  communication  between  legislators, state transportation
 24    administrators and  commercial  industry  representatives  in  addressing  the
 25    emerging highway transportation issues in participating jurisdictions.
 26                                      ARTICLE II
 27                                     Definitions
 28        SECTION 1. As used in this agreement:
 29        (a)  "Cooperating  committee" means a body composed of the designated rep-
 30    resentatives from the participating jurisdictions.
 31        (b)  "Designated representative" means a legislator or other person autho-
 32    rized under article X to represent the jurisdiction.
 33        (bc)  "Jurisdiction" means a state of the United States or the District of
 34    Columbia.
 35        (cd)  "Vehicle" means any vehicle as defined by statute to be  subject  to
 36    size  and  weight  standards  which  operates in two (2) or more participating
 37    jurisdictions.
 38                                     ARTICLE III
 39                                  General Provisions
 40        SECTION 1. Qualifications for Membership. Participation in this  agreement
 41    is  open to jurisdictions which subscribe to the findings, purposes and objec-
 42    tives of this agreement and will  seek  legislation  necessary  to  accomplish
 43    these objectives.
 44        SECTION  2.  Cooperation. The participating jurisdictions, working through
 45    their designated representatives, shall cooperate and  assist  each  other  in
 46    achieving  the  desired goals of this agreement pursuant to appropriate statu-
 47    tory authority.
 48        SECTION 3. Effect of Headings.  Article  and  section  headings  contained
 49    herein  shall  not be deemed to govern, limit, modify, or in any manner affect
 50    the scope, meaning, or intent of the provisions  of  any  article  or  section
 51    hereof.
 52        SECTION  4.  Vehicle Laws and Regulations. This agreement shall not autho-
 53    rize the operation of a vehicle in any participating jurisdiction contrary  to
  1    the laws or regulations thereof.
  2        SECTION  5. Interpretation. The final decision regarding interpretation of
  3    questions at issue relating to this agreement shall be  reached  by  unanimous
  4    joint action of the participating jurisdictions, acting through the designated
  5    representatives. Results of all such actions shall be placed in writing.
  6        SECTION  6.  Amendment.  This  agreement may be amended by unanimous joint
  7    action  of the  participating  jurisdictions,  acting  through  the  officials
  8    thereof  authorized  to enter into this agreement, subject to the requirements
  9    of section 4, article III. Any amendment shall be placed in writing and become
 10    a part hereof.
 11        SECTION 7.  Restrictions,  Conditions  or  Limitations.  Any  jurisdiction
 12    entering  this  agreement  shall provide each other participating jurisdiction
 13    with a list of any restriction, condition or limitation on the  general  terms
 14    of this agreement, if any.
 15        SECTION  8.  Additional Jurisdictions. Additional jurisdictions may become
 16    members of this agreement by signing and accepting the terms of the agreement.
 17                                      ARTICLE IV
 18                                Cooperating Committee
 19        SECTION 1. Each participating jurisdiction shall have two  (2)  designated
 20    representatives.  Pursuant to section 2, article III, the designated represen-
 21    tatives of the participating jurisdictions shall constitute a the  cooperating
 22    committee which shall have the power to:
 23        (a)  Collect,  correlate,  analyze  and  evaluate information resulting or
 24    derivable from research and testing activities in relation to vehicle size and
 25    weight related matters.
 26        (b)  Recommend and encourage the undertaking of research  and  testing  in
 27    any aspect of vehicle size and weight or related matter when, in their collec-
 28    tive  judgment,  appropriate  or  sufficient  research or testing has not been
 29    undertaken.
 30        (c)  Recommend changes in law or policy with emphasis on compatibility  of
 31    laws and uniformity of administrative rules or regulations which would promote
 32    effective governmental action or coordination in the field of vehicle size and
 33    weight related matters.
 34        (d)  Recommend  improvements  in  highway operations, in vehicular safety,
 35    and in state administration of highway transportation laws.
 36        (e)  Perform functions necessary to facilitate the purposes of this agree-
 37    ment.
 38        SECTION 2. Each designated representative of a participating  jurisdiction
 39    shall  be  entitled  to one (1) vote only. No action of the committee shall be
 40    binding approved unless a majority of the total number of votes  cast  by  the
 41    designated   representatives  of  participating  jurisdictions  are  in  favor
 42    thereof.
 43        SECTION 3. The committee shall meet  at  least  once  annually  and  shall
 44    elect, from among its members, a chairman, a vice chairman and a secretary.
 45        SECTION  4. The committee shall submit annually to the legislature of each
 46    participating jurisdiction, no later than November 1, a report  setting  forth
 47    the  work of the committee during the preceding year and including recommenda-
 48    tions developed by the committee. The committee  may  submit  such  additional
 49    reports as it deems appropriate or desirable. Copies of all such reports shall
 50    be  made  available to the Transportation Committee of the Western Conference,
 51    Council of State Governments, and to the Western Association of State  Highway
 52    Officials.
  1                                      ARTICLE V
  2                    Objectives of the Participating Jurisdictions
  3        SECTION  1.  Objectives.  The  participating  jurisdictions hereby declare
  4    that:
  5        (a)  It is the objective of the participating jurisdictions to obtain more
  6    efficient and more economical transportation by  motor  vehicles  between  and
  7    among  the  participating  jurisdictions. by encouraging the adoption of stan-
  8    dards that will, as minimums, allow the operation of a vehicle or  combination
  9    of  vehicles  in  regular operation on all State highways, except those deter-
 10    mined through engineering evaluation to  be  inadequate,  with  a  single-axle
 11    weight  not  in excess of 20,000 pounds, a tandem-axle weight not in excess of
 12    34,000 pounds, and a gross vehicle or combination weight not in excess of that
 13    resulting from application of the formula:
 14                            W = 500 ((LN/N-1) + 12N + 36)
 15       where W = maximum weight in pounds carried on any group of two or more
 16             axles computed to nearest 500 pounds.
 17             L = distance in feet between the extremes of any group of two or more
 18             consecutive axles.
 19             N = number of axles in group under consideration.
 20        (b)  It is the further objective of the participating  jurisdictions  that
 21    in  the  event the operation of a vehicle or combination of vehicles in inter-
 22    state commerce according to the provisions of subsection (a) of  this  section
 23    would  result  in  withholding  or forfeiture of federal-aid funds pursuant to
 24    section 127, title 23, U.S. Code, the operation of such vehicle or combination
 25    of vehicles at axle and gross weights within the limits set forth  in  subsec-
 26    tion  (a) of this section will be authorized under special permit authority by
 27    each participating jurisdiction which could legally issue such  permits  prior
 28    to July 1, 1956, provided all regulations and procedures related to such issu-
 29    ance  in effect as of July 1, 1956, are adhered to for vehicle combinations in
 30    excess of statutory weight of 80,000 pounds and/or statutory lengths.
 31        (c)  The objectives of subsections (a) and (b) of this section  relate  to
 32    vehicles  or  combinations of vehicles in regular operation, and the authority
 33    of any participating jurisdiction to issue special permits for the movement of
 34    any vehicle or combinations of vehicles having dimensions  and/or  weights  in
 35    excess of the maximum statutory limits in each participating jurisdiction will
 36    not be affected.
 37        (d)  It  is  the  further  objective of the participating jurisdictions to
 38    facilitate and expedite the operation of any vehicle or combination  of  vehi-
 39    cles between and among the participating jurisdictions under the provisions of
 40    subsection  (a)  or  (b)  of  this  section, and to that end the participating
 41    jurisdictions hereby agree, through their designated representatives, to  meet
 42    and  cooperate in the consideration of vehicle size and weight related matters
 43    including, but not limited to, the development of: uniform enforcement  proce-
 44    dures;  additional  vehicle  size and weight standards; operational standards;
 45    agreements or compacts to facilitate regional application  and  administration
 46    of  vehicle  size  and  weight  standards;  uniform permit procedures; uniform
 47    application forms; rules  and  regulations  for  the  operation  of  vehicles,
 48    including  equipment  requirements, driver qualifications, and operating prac-
 49    tices; and such other matters as may be pertinent.
 50        (e)  In recognition of the limited prospects of federal revision  of  sec-
 51    tion 127, title 23, U.S. Code, and in order to protect participating jurisdic-
 52    tions  against  any  possibility  of  withholding or forfeiture of federal-aid
 53    highway funds, it is the further objective of the participating  jurisdictions
 54    to  secure  congressional  approval of this agreement and, specifically of the
 55    vehicle size and weight standards set forth in subsection (a) of this section.
  1        (d)  It is the further objective of the participating jurisdictions to:
  2        (1)  Establish transportation laws and regulations to meet regional  needs
  3        and to promote an efficient, safe and compatible transportation network;
  4        (2)  Develop   standards   that   facilitate   the   most   efficient  and
  5        environmentally sound operation of vehicles on highways,  consistent  with
  6        and in recognition of principles of highway safety;
  7        (3)  Establish  programs  to  increase productivity and reduce congestion,
  8        fuel consumption and related transportation costs and enhance air  quality
  9        through the uniform application of state vehicle regulations and laws.
 10                                      ARTICLE VI
 11                           Entry Into Force and Withdrawal
 12        SECTION  1. This agreement shall enter into force when enacted into law by
 13    any two (2) or more jurisdictions. Thereafter,  this  agreement  shall  become
 14    effective  as  to any other jurisdiction upon its enactment thereof, except as
 15    otherwise provided in section 8, article III.
 16        SECTION 2. Any participating jurisdiction may withdraw from this agreement
 17    by cancelling the same but no such withdrawal shall take effect  until  thirty
 18    (30)  days after the designated representative of the withdrawing jurisdiction
 19    has given notice in writing of  the  withdrawal  to  all  other  participating
 20    jurisdictions.
 21                                     ARTICLE VII
 22                            Construction and Severability
 23        SECTION 1. This agreement shall be liberally construed so as to effectuate
 24    the purposes thereof.
 25        SECTION  2. The provisions of this agreement shall be severable and if any
 26    phrase, clause, sentence or provision of this agreement is declared to be con-
 27    trary to the constitution of any participating jurisdiction or the applicabil-
 28    ity thereto to any government, agency, person or circumstance is held invalid,
 29    the validity of the remainder of this agreement shall not be affected thereby.
 30    If this agreement shall be held contrary to the constitution of any  jurisdic-
 31    tion participating herein, the agreement shall remain in full force and effect
 32    as  to  the  remaining  jurisdictions  and  in full force and effect as to the
 33    jurisdictions affected as to all severable matters.
 34                                     ARTICLE VIII
 35                                 Filing of Documents
 36        SECTION 1. A copy of this agreement, its amendments, and rules or  regula-
 37    tions promulgated thereunder and interpretations thereof shall be filed in the
 38    highway department in each participating jurisdiction and shall be made avail-
 39    able for review by interested parties.
 40                                      ARTICLE IX
 41                                       Funding
 42        SECTION 1.  Funds for the administration of this agreement, including par-
 43    ticipation  in the cooperating committee and the actual expenses of the desig-
 44    nated representatives, shall be budgeted or expensed as  determined  appropri-
 45    ate.
 46                                      ARTICLE X
 47                       Selection of Designated Representatives
 48        SECTION  1.  The  process  for selecting the designated representatives to
 49    the cooperating committee shall be established by law under this section.
 50        SECTION 2.  The persons authorized to represent the state of Idaho as  the
  1    designated  representatives to the committee shall be the chairman of the sen-
  2    ate transportation committee and the chairman of the house transportation  and
  3    defense committee.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE
                         RS 12039

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

	The legislation 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.


Name:	Senator Evan Frasure
Phone:	332-1315