2003 Legislation
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HOUSE BILL NO. 104 – Multistate Hwy Tranportatn agreemnt


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H0104............................................by TRANSPORTATION AND DEFENSE
revisions to the Multistate Highway Transportation Agreement in accordance
with changes mutually agreed upon by the participating jurisdictions.
01/23    House intro - 1st rdg - to printing
01/24    Rpt prt - to Transp
01/31    Rpt out - rec d/p - to 2nd rdg
02/03    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 69-0-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Wills, Wood, Mr.
      NAYS -- None
      Absent and excused -- Trail
    Floor Sponsor - Wood
    Title apvd - to Senate
02/05    Senate intro - 1st rdg - to Transp

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 104
  1                                        AN ACT
 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:
 19        Pursuant  to and in conformity with the laws of their respective jurisdic-
 20    tions, the participating jurisdictions, acting by and through their  officials
 21    lawfully authorized to execute this agreement, do mutually agree as follows:
 22                                      ARTICLE I
 23                                Findings and Purposes
 24        SECTION 1. Findings. The participating jurisdictions find that:
 25        (a)  The  expanding  regional  economy depends on expanding transportation
 26    capacity;
 27        (b)  Highway transportation is the major mode for movement of  people  and
 28    goods in the western states;
 29        (c)  Uniform  application  in  the  west of more adequate vehicle size and
 30    weight standards will result in a reduction  of  pollution,  congestion,  fuel
 31    consumption  and  related  transportation costs, which are necessary to permit
 32    increased productivity;
 33        (d)  A number of western states have already, to the fullest extent possi-
 34    ble, adopted substantially the 1964 Bureau of Public Roads recommended vehicle
 35    size and weight standards; and
 36        (e)  The 1956 provision of federal law, (23 U.S.C. 127), though long  out-
 37    moded,  remains  in  effect  depriving  states of interstate matching money if
 38    vehicle weights and widths are increased, even though the interstate system is
 39    more than eighty per cent (80%) complete; and
 40        (f)  The participating jurisdictions are most capable of developing  vehi-
 41    cle  size  and  weight standards most appropriate for the regional economy and
  1    transportation requirements, consistent with and in recognition of  principles
  2    of highway safety.
  3        SECTION 2. Purposes. The purposes of this agreement are to:
  4        (a)  Adhere  to  the principle that each participating jurisdiction should
  5    have the freedom to develop vehicle size and weight standards that  it  deter-
  6    mines to be most appropriate to its economy and highway system.
  7        (b)  Establish  a  system  authorizing the operation of vehicles traveling
  8    between two (2) or more participating jurisdictions at more adequate size  and
  9    weight standards.
 10        (c)  Promote  uniformity among participating jurisdictions in vehicle size
 11    and weight standards on the basis of the objectives set forth in  this  agree-
 12    ment.
 13        (d)  Secure  uniformity insofar as possible, of administration administra-
 14    tive procedures in the enforcement of  recommended  vehicle  size  and  weight
 15    standards.
 16        (e)  Provide means for the encouragement and utilization of research which
 17    will facilitate the achievement of the foregoing purposes, with due regard for
 18    the findings set forth in section 1 of this article.
 19        (f)  In  recognition of desire for a degree of national uniformity of size
 20    and weight regulations, it is the further objective to  encourage  development
 21    of  broad,  uniform size and weight standards on a national basis, and further
 22    that procedures adopted under this agreement be compatible with national stan-
 23    dards  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
 54    the laws or regulations thereof.
 55        SECTION  5. Interpretation. The final decision regarding interpretation of
  1    questions at issue relating to this agreement shall be  reached  by  unanimous
  2    joint action of the participating jurisdictions, acting through the designated
  3    representatives. Results of all such actions shall be placed in writing.
  4        SECTION  6.  Amendment.  This  agreement may be amended by unanimous joint
  5    action of  the  participating  jurisdictions,  acting  through  the  officials
  6    thereof  authorized  to enter into this agreement, subject to the requirements
  7    of section 4, article III. Any amendment shall be placed in writing and become
  8    a part hereof.
  9        SECTION 7.  Restrictions,  Conditions  or  Limitations.  Any  jurisdiction
 10    entering  this  agreement  shall provide each other participating jurisdiction
 11    with a list of any restriction, condition or limitation on the  general  terms
 12    of this agreement, if any.
 13        SECTION  8.  Additional Jurisdictions. Additional jurisdictions may become
 14    members of this agreement by signing and accepting the terms of the agreement.
 15                                      ARTICLE IV
 16                                Cooperating Committee
 17        SECTION 1. Each participating jurisdiction shall have two  (2)  designated
 18    representatives.  Pursuant to section 2, article III, the designated represen-
 19    tatives of the participating jurisdictions shall constitute a the  cooperating
 20    committee which 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        (d)  Recommend  improvements  in  highway operations, in vehicular safety,
 33    and in state administration of highway transportation laws.
 34        (e)  Perform functions necessary to facilitate the purposes of this agree-
 35    ment.
 36        SECTION 2. Each designated representative of a participating  jurisdiction
 37    shall  be  entitled  to one (1) vote only. No action of the committee shall be
 38    binding approved unless a majority of the total number of votes  cast  by  the
 39    designated   representatives  of  participating  jurisdictions  are  in  favor
 40    thereof.
 41        SECTION 3. The committee shall meet  at  least  once  annually  and  shall
 42    elect, from among its members, a chairman, a vice chairman and a secretary.
 43        SECTION  4. The committee shall submit annually to the legislature of each
 44    participating jurisdiction, no later than November 1, a report  setting  forth
 45    the  work of the committee during the preceding year and including recommenda-
 46    tions developed by the committee. The committee  may  submit  such  additional
 47    reports as it deems appropriate or desirable. Copies of all such reports shall
 48    be  made  available to the Transportation Committee of the Western Conference,
 49    Council of State Governments, and to the Western Association of State  Highway
 50    Officials.
 51                                      ARTICLE V
 52                    Objectives of the Participating Jurisdictions
 53        SECTION  1.  Objectives.  The  participating  jurisdictions hereby declare
 54    that:
 55        (a)  It is the objective of the participating jurisdictions to obtain more
  1    efficient and more economical transportation by  motor  vehicles  between  and
  2    among the participating jurisdictions by encouraging the adoption of standards
  3    that  will,  as  minimums,  allow the operation of a vehicle or combination of
  4    vehicles in regular operation on all Sstate highways, except those  determined
  5    through engineering evaluation to be inadequate, with a single-axle weight not
  6    in  excess  of  20,000  pounds,  a  tandem-axle weight not in excess of 34,000
  7    pounds, and a gross vehicle or  combination  weight  not  in  excess  of  that
  8    resulting from application of the formula:
  9                            W = 500 ((LN/N-1) + 12N + 36)
 10    where W = maximum weight in pounds carried on any group of two or more
 11             axles computed to nearest 500 pounds.
 12             L = distance in feet between the extremes of any group of two or more
 13             consecutive axles.
 14             N = number of axles in group under consideration.
 15        (b)  It  is  the further objective of the participating jurisdictions that
 16    in the event the operation of a vehicle or combination of vehicles  in  inter-
 17    state  commerce  according to the provisions of subsection (a) of this section
 18    would result in withholding or forfeiture of  federal-aid  funds  pursuant  to
 19    section 127, title 23, U.S. Code, the operation of such vehicle or combination
 20    of  vehicles  at axle and gross weights within the limits set forth in subsec-
 21    tion (a) of this section will be authorized under special permit authority  by
 22    each  participating  jurisdiction which could legally issue such permits prior
 23    to July 1, 1956, provided all regulations and procedures related to such issu-
 24    ance in effect as of July 1, 1956, are adhered to for vehicle combinations  in
 25    excess of statutory weight of 80,000 pounds and/or statutory lengths.
 26        (c)  The  objectives  of subsections (a) and (b) of this section relate to
 27    vehicles or combinations of vehicles in regular operation, and  the  authority
 28    of any participating jurisdiction to issue special permits for the movement of
 29    any  vehicle  or  combinations of vehicles having dimensions and/or weights in
 30    excess of the maximum statutory limits in each participating jurisdiction will
 31    not be affected.
 32        (d)  It is the further objective of  the  participating  jurisdictions  to
 33    facilitate  and  expedite the operation of any vehicle or combination of vehi-
 34    cles between and among the participating jurisdictions under the provisions of
 35    subsection (a) or (b) of this section,  and  to  that  end  the  participating
 36    jurisdictions  hereby agree, through their designated representatives, to meet
 37    and cooperate in the consideration of vehicle size and weight related  matters
 38    including,  but not limited to, the development of: uniform enforcement proce-
 39    dures; additional vehicle size and weight  standards;  operational  standards;
 40    agreements  or  compacts to facilitate regional application and administration
 41    of vehicle size and  weight  standards;  uniform  permit  procedures;  uniform
 42    application  forms;  rules  and  regulations  for  the  operation of vehicles,
 43    including equipment requirements, driver qualifications, and  operating  prac-
 44    tices; and such other matters as may be pertinent.
 45        (ed)  In  recognition of the limited prospects of federal revision of sec-
 46    tion 127, title 23, U.S. Code, and in order to protect participating jurisdic-
 47    tions against any possibility of  withholding  or  forfeiture  of  federal-aid
 48    highway  funds, it is the further objective of the participating jurisdictions
 49    to The cooperating committee may recommend that  the  participating  jurisdic-
 50    tions  jointly  secure  congressional approval of this agreement and, specifi-
 51    cally of the vehicle size and weight standards set forth in subsection (a)  of
 52    this section.
 53        (e)  It is the further objective of the participating jurisdictions to:
 54        (1)  Establish  transportation laws and regulations to meet regional needs
 55        and to promote an efficient, safe and compatible transportation network;
  1        (2)  Develop  standards   that   facilitate   the   most   efficient   and
  2        environmentally  sound  operation of vehicles on highways, consistent with
  3        and in recognition of principles of highway safety;
  4        (3)  Establish programs to increase productivity  and  reduce  congestion,
  5        fuel  consumption and related transportation costs and enhance air quality
  6        through the uniform application of state vehicle regulations and laws.
  7                                      ARTICLE VI
  8                           Entry Into Force and Withdrawal
  9        SECTION 1. This agreement shall enter into force when enacted into law  by
 10    any  two  (2)  or  more jurisdictions. Thereafter, this agreement shall become
 11    effective as to any other jurisdiction upon its enactment thereof,  except  as
 12    otherwise provided in section 8, article III.
 13        SECTION 2. Any participating jurisdiction may withdraw from this agreement
 14    by  cancelling  the same but no such withdrawal shall take effect until thirty
 15    (30) days after the designated representative of the withdrawing  jurisdiction
 16    has  given  notice  in  writing  of  the withdrawal to all other participating
 17    jurisdictions.
 18                                     ARTICLE VII
 19                            Construction and Severability
 20        SECTION 1. This agreement shall be liberally construed so as to effectuate
 21    the purposes thereof.
 22        SECTION 2. The provisions of this agreement shall be severable and if  any
 23    phrase, clause, sentence or provision of this agreement is declared to be con-
 24    trary to the constitution of any participating jurisdiction or the applicabil-
 25    ity thereto to any government, agency, person or circumstance is held invalid,
 26    the validity of the remainder of this agreement shall not be affected thereby.
 27    If  this agreement shall be held contrary to the constitution of any jurisdic-
 28    tion participating herein, the agreement shall remain in full force and effect
 29    as to the remaining jurisdictions and in full  force  and  effect  as  to  the
 30    jurisdictions affected as to all severable matters.
 31                                     ARTICLE VIII
 32                                 Filing of Documents
 33        SECTION  1. A copy of this agreement, its amendments, and rules or regula-
 34    tions promulgated thereunder and interpretations thereof shall be filed in the
 35    highway department in each participating jurisdiction and shall be made avail-
 36    able for review by interested parties.
 37                                      ARTICLE IX
 38                                       Funding
 39        SECTION 1. Funds for the administration of this agreement, including  par-
 40    ticipation  in the cooperating committee and the actual expenses of the desig-
 41    nated representatives, shall be budgeted or expensed as  determined  appropri-
 42    ate.
 43                                      ARTICLE X
 44                       Selection of Designated Representatives
 45        SECTION 1. The process for selecting the designated representatives to the
 46    cooperating committee shall be established by law under this section.
 47        SECTION  2.  The persons authorized to represent the state of Idaho as the
 48    designed representatives to the committee shall be the chairman of the  Senate
 49    Transportation  Committee  and  the  chairman  of the House Transportation and
 50    Defense Committee, or a legislator or a state agency official that the  chair-
 51    man may assign.
 52        SECTION  3. The transportation chairman in each house shall also designate
 53    one (1) alternate designated representative who shall also be a legislator  or
 54    state agency official to serve in his absence.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS RS12596

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. 
No impact to the general fund.

Name: Rep. Wood 
Phone: 332-1146 

STATEMENT OF PURPOSE/FISCAL NOTE                        H104