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H0147.........................................by TRANSPORTATION AND DEFENSE MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT - Amends existing law to provide revisions to the Multistate Highway Transportation Agreement in accordance with changes mutually agreed upon by the participating jurisdictions. 02/09 House intro - 1st rdg - to printing 02/10 Rpt prt - to Transp 02/17 Rpt out - rec d/p - to 2nd rdg 02/18 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 70-0-0 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- None Floor Sponsor - Wood Title apvd - to Senate 02/23 Senate intro - 1st rdg - to Transp 03/04 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 29-4-1, 1 vacancy AYES -- Andreason, Brandt, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Kelly, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Stegner, Stennett, Sweet, Werk, Williams NAYS -- Broadsword, Jorgenson, Keough, Schroeder Absent and excused -- Langhorst, (District 21 seat vacant) Floor Sponsor - McKenzie Title apvd - to House 03/09 To enrol 03/10 Rpt enrol - Sp signed 03/11 Pres signed 03/14 To Governor 03/18 Governor signed Session Law Chapter 64 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 147 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO THE MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT; AMENDING SECTION 3 49-1901, IDAHO CODE, TO PROVIDE CHANGES TO THE AGREEMENT AS MUTUALLY 4 AGREED UPON BY THE PARTICIPATING JURISDICTIONS, INCLUDING TO REVISE THE 5 FINDINGS AND PURPOSES, TO DEFINE "COOPERATING COMMITTEE," TO CLARIFY REP- 6 RESENTATION ON THE COOPERATING COMMITTEE, TO PROVIDE ADDITIONAL POWERS OF 7 THE COMMITTEE AND TO REVISE EXISTING POWERS OF THE COMMITTEE, TO REVISE 8 OBJECTIVES OF THE PARTICIPATING JURISDICTIONS, TO PROVIDE A NEW ARTICLE IX 9 RELATING TO FUNDING, TO PROVIDE A NEW ARTICLE X RELATING TO SELECTION OF 10 DESIGNATED REPRESENTATIVES, TO CORRECT A CODIFIER'S ERROR AND TO MAKE A 11 TECHNICAL CORRECTION. 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: 18 MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT 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 if38 vehicle weights and widths are increased, even though the interstate system is39 more than eighty per cent (80%) complete; and40 (f)The participating jurisdictions are most capable of developing vehi- 41 cle size and weight standards most appropriate for the regional economy and 2 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 administrationadministra- 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 size20 and weight regulations, it is the further objective to encourage development21 of broad, uniform size and weight standards on a national basis, and further22 that procedures adopted under this agreement be compatible with national stan-23 dardsFacilitate 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 author- 53 ize 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 3 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 athe 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 bindingapproved 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 shall48 be made available to the Transportation Committee of the Western Conference,49 Council of State Governments, and to the Western Association of State Highway50 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 4 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 eventthe 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 to19 section 127, title 23, U.S. Code, the operation of such vehicle or combination20 of vehicles at axle and gross weights within the limits set forth in subsec-21 tion (a) of this section willbe authorized under special permit authority by 22 each participating jurisdiction which could legally issue such permits prior23 to July 1, 1956, provided all regulations and procedures related to such issu-24 ance in effect as of July 1, 1956, are adhered tofor 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 to27 vehicles or combinations of vehicles in regular operation, and the authority28 of any participating jurisdiction to issue special permits for the movement of29 any vehicle or combinations of vehicles having dimensions and/or weights in30 excess of the maximum statutory limits in each participating jurisdiction will31 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-aid48 highway funds, it is the further objective of the participating jurisdictions49 toThe 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; 5 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 46 the 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 designated representatives to the committee shall be the chairman of the sen- 49 ate 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 RS 14835 This legislation amends the Idaho Code 49-1901 to conform with change in by-laws regulating the Multi-State Highway Transportation Agreement of eleven western states. To provide for two votes from each state in the "cooperating committee." The Senate chairman of Transportation and the House chairman of Transportation or their "designated representatives" as voting members. To further the objective of uniformity in transportation laws and regulations for the western states in pursuit of efficient, safe, and increased productivity of moving goods across state boundaries. This amends state statute adopted in Idaho Code, Chapter 1 of Session Laws of 1975. FISCAL NOTE No increased cost to the general fund. Contact Name: Rep. JoAn Wood Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 147