0001| HOUSE BILL 1000 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| DANIEL P. SILVA | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO HIGHWAYS; ADOPTING THE MULTISTATE HIGHWAY | 0012| TRANSPORTATION AGREEMENT. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. ENACTMENT AND JOINDER WITH OTHER | 0016| JURISDICTIONS.--The Multistate Highway Transportation Agreement | 0017| is adopted and entered into with all other jurisdictions | 0018| legally joining therein in the form substantially set forth in | 0019| Section 2. | 0020| Section 2. PROVISIONS OF AGREEMENT.--The provisions of | 0021| this multistate agreement are as follows: | 0022| "MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT | 0023| ARTICLE I. FINDINGS AND PURPOSE | 0024| (a) The participating jurisdictions find that: | 0025| (1) Highway transportation is the major mode | 0001| for movement of people and goods in the western states. | 0002| (2) Uniform application of state vehicle | 0003| regulations and laws may result in a reduction of pollution, | 0004| congestion, fuel consumption, and related transportation costs, | 0005| which are necessary to permit increased productivity. | 0006| (b) The purposes of this agreement are to: | 0007| (1) Adhere to the principle that each | 0008| participating jurisdiction has the freedom to develop vehicle | 0009| size and weight standards that it determines to be most | 0010| appropriate to its economy and highway system. | 0011| (2) Establish a system that would promote more | 0012| efficient operation of vehicles traveling between two or more | 0013| participating jurisdictions regarding necessary state | 0014| government vehicle laws and regulations. | 0015| (3) Encourage uniformity among participating | 0016| jurisdictions in vehicle size and weight standards on the basis | 0017| of the objectives set forth in this agreement when the | 0018| objectives are compatible with the safe operation of the | 0019| vehicles on each member's highway system, and when these size | 0020| and weight standards do not have an adverse impact on state and | 0021| local highway, street or road maintenance programs. | 0022| (4) Encourage uniformity, insofar as possible, | 0023| of administrative procedures in the enforcement of recommended | 0024| vehicle size and weight standards. | 0025| (5) Provide means for the encouragement and | 0001| utilization of research which will facilitate the achievement | 0002| of the foregoing purposes, with due regard for the findings set | 0003| forth in paragraph (a) of this article. | 0004| ARTICLE II. DEFINITIONS | 0005| (a) As used in this agreement: | 0006| (1) "Designated representative" means a legislator | 0007| or other person authorized to represent the jurisdiction. | 0008| (2) "Jurisdiction" means a state of the United | 0009| States or the District of Columbia. | 0010| (3) "Vehicle" means any vehicle as defined by | 0011| statute to be subject to size and weight standards and which | 0012| operates in two or more participating jurisdictions. | 0013| ARTICLE III. GENERAL PROVISIONS | 0014| (a) Participation in this agreement is open to | 0015| jurisdictions which subscribe to the findings, purpose and | 0016| objectives of this agreement and which seek legislation | 0017| necessary to accomplish these objectives. | 0018| (b) The particular jurisdictions, working through their | 0019| designated representatives, shall cooperate and assist each | 0020| other in achieving the desired goals of this agreement pursuant | 0021| to appropriate statutory authority. | 0022| (c) Article headings contained herein shall not be deemed | 0023| to govern, limit, modify, or in any manner affect the scope, | 0024| meaning, or intent of the provisions of any article or | 0025| paragraph hereof. | 0001| (d) This agreement shall not authorize the operation of a | 0002| vehicle in any participating jurisdiction contrary to the laws | 0003| or rules or regulations thereof. | 0004| (e) The final decisions regarding the interpretation of | 0005| questions at issue relating to this agreement shall be reached | 0006| by unanimous joint action of the participating jurisdictions | 0007| acting through their designated representatives. Results of | 0008| all such actions shall be in writing. | 0009| (f) This agreement may be amended by unanimous joint | 0010| action of the participating jurisdictions acting through their | 0011| designated representatives. Any amendments shall be in writing | 0012| and shall become a part of the agreement. | 0013| (g) Any jurisdiction entering this agreement shall | 0014| provide each of the other participating jurisdictions with a | 0015| list of any of its restrictions, conditions, or limitations on | 0016| the general terms of this agreement. | 0017| (h) Any jurisdiction may become a member of this | 0018| agreement by signing and accepting the terms of the agreement. | 0019| ARTICLE IV. COOPERATING COMMITTEE | 0020| (a) Pursuant to paragraph (b) of Article III, the | 0021| designated representatives of the participating jurisdictions | 0022| shall constitute a committee which shall have the power to: | 0023| (1) Collect, correlate, analyze, and evaluate | 0024| information resulting or derivable from research and testing | 0025| activities in relation to vehicle size, vehicle weight-related | 0001| matters, highway safety and bridge maintenance problems caused | 0002| by heavy vehicles. | 0003| (2) Recommend and encourage the undertaking of | 0004| research and testing in any aspect of vehicle size and weight | 0005| or related matter when in their collective judgment, | 0006| appropriate or sufficient research or testing has not been | 0007| undertaken. | 0008| (3) Recommend changes in law or policy, including | 0009| the compatibility of laws and uniformity of rules and | 0010| regulations which would assist effective governmental action or | 0011| coordination in the field of vehicle size and weight-related | 0012| matters. | 0013| (b) Each participating jurisdiction shall be entitled to | 0014| one vote only. No action of the committee shall be binding | 0015| unless a majority of the participating jurisdictions are in | 0016| favor thereof. | 0017| (c) The committee shall meet at least once annually and | 0018| shall elect, from among its members, a vice chairman and a | 0019| secretary. | 0020| (d) The committee shall submit annually to the | 0021| legislature of each participating jurisdiction, not later than | 0022| November 1, a report setting forth the work of the committee | 0023| during the preceding year and including recommendations | 0024| developed by the committee. The committee may submit such | 0025| additional reports as it deems appropriate or desirable. | 0001| Copies of all such reports shall be made available to the | 0002| Transportation Committee of the Western Conference, Council of | 0003| State Governments, and to the Western Association of State | 0004| Highway and Transportation Officials. | 0005| ARTICLE V. OBJECTIVES OF THE | 0006| PARTICIPATING JURISDICTIONS | 0007| (a) The participating jurisdictions hereby declare that: | 0008| (1) It is the objective of the participating | 0009| jurisdictions to obtain safer, more economical transportation | 0010| by motor vehicles among the participating jurisdictions. | 0011| (2) It is the further objective of the | 0012| participating jurisdictions that in the event the operation of | 0013| a vehicle, or combination of vehicles pursuant to the | 0014| objectives stated in paragraph (1) of subdivision (b) would | 0015| result in withholding or forfeiture of federal-aid funds, the | 0016| operation of such vehicle, or combination of vehicles shall be | 0017| authorized under special permit authority by each participating | 0018| jurisdiction which can legally issue such permits. | 0019| (3) The authority of any participating jurisdiction | 0020| to issue special permits for the movement of any vehicle, or | 0021| combination of vehicles, having dimensions or weights, or both, | 0022| in excess of the maximum statutory limits in each participating | 0023| jurisdiction shall not be affected. | 0024| (4) It is the further objective of the | 0025| participating jurisdictions to facilitate and expedite the | 0001| operation of any vehicle, or combination of vehicles, among the | 0002| participating jurisdictions. To that end the participating | 0003| jurisdictions hereby agree, through their designated | 0004| representatives, to meet and cooperate in the consideration of | 0005| vehicle size weight-related matters including, but not limited | 0006| to, the development of uniform enforcement procedures; | 0007| additional vehicle size and weight standards; operational | 0008| standards; agreements or compacts to facilitate regional | 0009| application and administration of vehicle size and weight | 0010| standards; uniform permit procedures; uniform application | 0011| forms; rules and regulations for the operation of vehicles, | 0012| including equipment requirements, driver qualifications, and | 0013| operating practices; traffic safety and highway maintenance; | 0014| and such other matters as may be pertinent. | 0015| (5) In recognition of the desire for a degree of | 0016| national uniformity of size and weight regulations, it is the | 0017| further objective of the participating jurisdictions to | 0018| encourage the development of broad, uniform size and weight | 0019| standards on a national basis under this agreement that are | 0020| compatible with national standards. | 0021| ARTICLE VI. ENTRY INTO FORCE AND WITHDRAWAL | 0022| (a) This agreement shall be in force in the State of New | 0023| Mexico for a period of three years when enacted into law by two | 0024| or more jurisdictions. Thereafter, this agreement shall become | 0025| effective as to any other jurisdiction upon its enactment | 0001| thereof, except as otherwise provided in paragraph (g) of | 0002| Article III. Not later than July 1, 2000, the Secretary of | 0003| Highway and Transportation shall recommend to the Legislature | 0004| whether or not this agreement should be continued based upon | 0005| its usefulness to the State of New Mexico. | 0006| (b) Any participating jurisdiction may withdraw from this | 0007| agreement by enacting a statute repealing the same, but no such | 0008| withdrawal shall take effect until 30 days after the designated | 0009| representative of the withdrawing jurisdiction has given notice | 0010| in writing of the withdrawal to all the other participating | 0011| jurisdictions. | 0012| ARTICLE VII. CONSTRUCTION AND SEVERABILITY | 0013| (a) This agreement shall be liberally construed so as to | 0014| effectuate the purposes thereof. | 0015| (b) The provisions of this agreement shall be severable | 0016| and if any phrase, clause, sentence, or provision of this | 0017| agreement is declared to be contrary to the constitution of any | 0018| participating jurisdiction or of the United States, or the | 0019| applicability thereof to any government, agency, person, or | 0020| circumstance is held invalid, the validity of the remainder of | 0021| this agreement shall not be affected thereby. If this | 0022| agreement shall be held contrary to the constitution of any | 0023| jurisdiction participating herein, the agreement shall remain | 0024| in full force and effect as to the remaining participating | 0025| jurisdictions and in full force and effect as to the | 0001| jurisdictions affected as to all severable matters. | 0002| ARTICLE VIII. FILING OF DOCUMENTS | 0003| (a) A copy of this agreement, its amendments, and rules | 0004| and regulations promulgated thereunder and interpretations | 0005| thereof, shall be filed in the highway department of each | 0006| participating jurisdiction and shall be made available for | 0007| review by interested parties." | 0008| Section 3. DESIGNATED REPRESENTATIVE TO COOPERATING | 0009| COMMITTEE--APPOINTMENT--TERM OF OFFICE.--The designated | 0010| representative to the cooperating committee established by | 0011| Article IV of the Multistate Highway Transportation Agreement | 0012| shall be jointly appointed by the speaker of the house of | 0013| representatives and the president pro tempore of the senate. | 0014| The designated representative may be represented by an | 0015| alternate jointly appointed by the speaker and the president | 0016| pro tempore. | 0017| Section 4. STATUTES PRESCRIBING WEIGHT AND SIZE STANDARDS | 0018| AND RELATING TO SPECIAL PERMITS--CONTINUATION.--All statutes | 0019| prescribing weight and size standards and all statutes relating | 0020| to special permits shall continue in effect until amended or | 0021| repealed. | 0022| Section 5. COOPERATION BY STATE AGENCY WITH COOPERATING | 0023| COMMITTEE.--Any state agency may cooperate with and assist the | 0024| cooperating committee within the scope of its authority. | 0025| Section 6. COOPERATING COMMITTEE REPORT.--A copy of the | 0001| report submitted to the legislature pursuant to paragraph (d) | 0002| of Article IV of the Multistate Highway Transportation | 0003| Agreement shall also be submitted to the state highway and | 0004| transportation department. All notices required by the | 0005| cooperating committee bylaws shall be given to the designated | 0006| representative or his alternate. | 0007|  State of New Mexico | 0008| House of Representatives | 0009| | 0010| FORTY-THIRD LEGISLATURE | 0011| FIRST SESSION, 1997 | 0012| | 0013| | 0014| February 25, 1997 | 0015| | 0016| | 0017| Mr. Speaker: | 0018| | 0019| Your TRANSPORTATION COMMITTEE, to whom has been | 0020| referred | 0021| | 0022| HOUSE BILL 1000 | 0023| | 0024| has had it under consideration and reports same with | 0025| recommendation that it DO PASS, and thence referred to the | 0001| JUDICIARY COMMITTEE. | 0002| | 0003| Respectfully submitted, | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| Daniel P. Silva, Chairman | 0010| | 0011| | 0012| Adopted Not Adopted | 0013| | 0014| (Chief Clerk) (Chief Clerk) | 0015| | 0016| Date | 0017| | 0018| The roll call vote was 7 For 0 Against | 0019| Yes: 7 | 0020| Excused: None | 0021| Absent: Carpenter, Larranaga, Olguin, Watchman, Whitaker | 0022| | 0023| | 0024| G:\BILLTEXT\BILLW_97\H1000 State of New Mexico | 0025| House of Representatives | 0001| | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| February 25, 1997 | 0007| | 0008| | 0009| Mr. Speaker: | 0010| | 0011| Your TRANSPORTATION COMMITTEE, to whom has been | 0012| referred | 0013| | 0014| HOUSE BILL 1000 | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS, and thence referred to the | 0018| JUDICIARY COMMITTEE. | 0019| | 0020| Respectfully submitted, | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| Daniel P. Silva, Chairman | 0002| | 0003| | 0004| Adopted Not Adopted | 0005| | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| Date | 0009| | 0010| The roll call vote was 7 For 0 Against | 0011| Yes: 7 | 0012| Excused: None | 0013| Absent: Carpenter, Larranaga, Olguin, Watchman, Whitaker | 0014| | 0015| | 0016| G:\BILLTEXT\BILLW_97\H1000 State of New Mexico | 0017| House of Representatives | 0018| | 0019| FORTY-THIRD LEGISLATURE | 0020| FIRST SESSION, 1997 | 0021| | 0022| | 0023| March 10, 1997 | 0024| | 0025| | 0001| Mr. Speaker: | 0002| | 0003| Your JUDICIARY COMMITTEE, to whom has been referred | 0004| | 0005| HOUSE BILL 1000 | 0006| | 0007| has had it under consideration and reports same with | 0008| recommendation that it DO PASS, amended as follows: | 0009| | 0010| 1. On page 1, line 12, strike the period and insert in lieu | 0011| thereof "; DECLARING AN EMERGENCY.". | 0012| | 0013| 2. On page 10, line 4, insert the following new section: | 0014| | 0015| "Section 7. EMERGENCY.--It is necessary for the public | 0016| peace, health and safety that this act take effect immediately." | 0017| | 0018| Respectfully submitted, | 0019| | 0020| | 0021| | 0022| | 0023| | 0024| Thomas P. Foy, Chairman | 0025| | 0001| | 0002| Adopted Not Adopted | 0003| | 0004| (Chief Clerk) (Chief Clerk) | 0005| | 0006| Date | 0007| | 0008| The roll call vote was 8 For 0 Against | 0009| Yes: 8 | 0010| Excused: Foy, Mallory, Pederson, Rios, Sanchez | 0011| Absent: None | 0012| | 0013| | 0014| | 0015| G:\BILLTEXT\BILLW_97\H1000 | 0016| | 0017| FORTY-THIRD LEGISLATURE | 0018| FIRST SESSION, 1997 | 0019| | 0020| | 0021| March 14, 1997 | 0022| | 0023| Mr. President: | 0024| | 0025| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to | 0001| whom has been referred | 0002| | 0003| HOUSE BILL 1000, as amended | 0004| | 0005| has had it under consideration and reports same with | 0006| recommendation that it DO PASS. | 0007| | 0008| Respectfully submitted, | 0009| | 0010| | 0011| | 0012| | 0013| __________________________________ | 0014| Roman M. Maes, III, Chairman | 0015| | 0016| | 0017| | 0018| Adopted_______________________ Not | 0019| Adopted_______________________ | 0020| (Chief Clerk) (Chief Clerk) | 0021| | 0022| | 0023| | 0024| Date ________________________ | 0025| | 0001| | 0002| The roll call vote was 7 For 0 Against | 0003| Yes: 7 | 0004| No: 0 | 0005| Excused: Fidel, Griego, Robinson | 0006| Absent: None | 0007| | 0008| | 0009| H1000CT1 |