2005 Legislation
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HOUSE BILL NO. 147 – Multistate Highway Transp Agreement


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Bill Status

H0147.........................................by TRANSPORTATION AND DEFENSE
provide revisions to the Multistate Highway Transportation Agreement in
accordance with changes mutually agreed upon by the participating
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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 147
  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 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
  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
 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 / Fiscal Impact

                       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.

Name:  Rep. JoAn Wood 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                        H 147