H. B. 4491


(By Delegates Martin, Kiss and Mezzatesta)
[Introduced February 16, 1994; referred to the
Committee on Government Organization then Finance.]




A BILL to amend chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article seventeen-a, relating to the West Virginia Transportation Safety Act; short title; legislative findings; definitions; creation of transportation safety council; composition of council; compensation for nongovernmental council members; meetings to be called by council chairperson; removal of council members; weight limits for shipments of goods and materials; creation of policy; duties of the council; powers of the council; designating particular highways and bridges to be included in the West Virginia industrial road system; cooperative agreements; special permits to be required for vehicles registered for us in the system; weight limitations; payment of a decal fee; applications and decals; valid dates; coordination with federal laws; required stops and inspections; weighing of vehicles; conformity to weight requirements; liability of owners; exceptions; penalty; penalties for violations of weight laws; impounding vehicles; fines and bond requirements; liability for storage costs; exceptions to impoundment; notice of hearing; additional fines; requiring adequate securing of loads; penalties; liability of receivers; recording of permit numbers; civil penalties; inspection of records; records of receivers; inspection of records; violations; penalties; magistrate and circuit courts sharing concurrent jurisdiction to adjudicate alleged violations of the article; and the application of federal law.

Be it enacted by the Legislature of West Virginia:

That chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted adding thereto a new article, designated article seventeen-a, to read as follows:
ARTICLE 17A. WEST VIRGINIA TRANSPORTATION SAFETY ACT.

§ 17C-17A-1. Short title.

This article shall be known and may be cited as the "West Virginia Transportation Safety Act."

§ 17C-17A-2. Legislative findings.

The Legislature finds that the transportation of goods and materials compose an important segment of the state's economy.

The Legislature recognizes that current weight limits on the state's public highways and bridges have been in existence for some time and may not, in all instances, be appropriate in light of improved motor vehicular engineering technology and highway construction technology.
The Legislature further recognizes that, in some instances, the existing weight limits are being exceeded by transporters.
The Legislature seeks to remedy the aforesaid situation by examining certain laws relating to the transportation of goods and materials and the enforcement of said laws.
In recognizing these needs, the Legislature finds that the safety of the public and the integrity of the state's highway system must be balanced with the economic transportation of said goods and materials and the state's economy as a whole and that the state needs to adopt an overall transportation policy reflecting a balance of these interests.
The Legislature finds that achieving this balance requires the creation of an independent council comprised of members who can make findings and conclusions of a technical nature relating to highway engineering, motor vehicle engineering, highway safety and the costs of transporting goods and materials.
The Legislature finds that said technical matters are outside the expertise of the Legislature and should be vested in the "West Virginia Transportation Safety Council," which shall be empowered with the appropriate jurisdiction to examine transportation laws and modify weight limits, up to a maximum weight limit set by statute, upon designated highways and bridges.
The Legislature further finds that enforcement standards and criteria and fines should be changed by statute and that the public service commission, in addition to the division of highways, should be permitted to audit weight records.
The Legislature hereby concludes that it is in the public interest to create the West Virginia transportation safety council. The council shall examine issues relating to the transportation of goods and materials and implement findings and conclusions relating thereto, including creating a West Virginia industrial road system and determining what highways and bridges should be included therein. In addition, the Legislature concludes that enforcement standards and criteria for such road system should be defined by the Legislature.
§ 17C-17A-3. Definitions.

For purposes of this article, the following definitions apply:

(a) "Goods and materials" means water, dirt, sand, gravel, stone, coal, oil, natural gas, timber, salt, crops, paper, steel or any other mineral or material directly obtained, mined, cut or otherwise derived from the land and transported in its natural form; or materials derived from a natural resource without substantial refinement, including, but not limited to, ready-mixed concrete, asphalt, block, coke, ash, stone and limestone aggregates or other items specifically designated by the safety council;
(b) "The system" means the West Virginia industrial road system and includes all public highways, or any portion thereof, or bridges as defined in section two, article one, chapter twenty-four of this code, existing in this state, which have been included by the safety council, under the provision of section seven of this article, to be in the system;
(c) "Receiver" means the person accepting the transported goods and materials at the point of ultimate destination within the state;
(d) "Relevant evidence" means any written or printed document evidencing the receipt of goods and materials issued by a shipper or receiver which states the gross weight for a vehicle and load, the weight of an empty vehicle, or the weight of the load, and which can be used to determine compliance or noncompliance with the requirements of this article. Relevant evidence includes, but may not be limited to, weight tickets, invoices, statements or other written or printed documents issued upon receipt or delivery of goods and materials;
(e) "Shipper" means the person authorizing or consigning the goods and materials of a person engaged in the business of transporting goods and materials; and
(f) "Council" means the West Virginia transportation safety council.
§ 17C-17A-4. Creation of transportation safety council.

(a) There is hereby created a "West Virginia Transportation Safety Council," hereinafter referred to as safety council, to be composed as follows: The commissioner of the division of highways, who shall be the chairperson of the safety council; the chief engineer for the division of highways; the superintendent of the division of public safety; the director of the division of transportation of the public service commission. These four persons shall be known as the governmental appointees. The director of the council and seven nongovernmental persons shall also be appointed by the governor, with the advice and consent of the Senate.

The seven nongovernmental appointees shall have the following qualifications:
(1) One shall be an engineer from the private sector;
(2) Two shall have experience in public policy or public service;
(3) One shall have experience in the transportation industry; and
(4) One shall have experience in the natural resources industry.
(b) The term of each nongovernmental member shall be six years. The terms of governmental appointees shall run concurrently with and for the same length of time of such appointees' service in the offices they hold.
The terms of the nongovernmental appointees, initially appointed shall begin on the first day of July, one thousand nine hundred ninety-four.
Of the nongovernmental persons initially appointed, three shall be designated to serve for terms of two years each, two shall be designated to serve for terms of four years each, and two shall be designated to serve for terms of six years each. As these nongovernmental appointees' terms expire, subsequent appointments shall be for six-year terms.
In appointing the two members of the council who have public policy or public service experience, the governor shall select one from a list of three persons submitted by the president of the Senate and one from a list of three persons submitted by the speaker of the House.
Nongovernmental members of the council shall receive reasonable compensation for each day actually served in attendance at meetings in addition to reasonable traveling expenses incurred in the performance of the members' duties. Payment for traveling expenses shall be made in accordance with state law.
The council shall hold meetings at the direction of the chairperson. The chairperson shall call a meeting whenever three members request the chairperson to do so. The exact date and time of each meeting shall be determined by the chairperson.
A majority of the members shall constitute a quorum for the conduct of council business. All issues shall be resolved by a majority of those present at the meeting.
The council is an independent legal entity and ex parte communication to any member or members of the council on any matter thereto pending is prohibited. The governor may remove any member for incompetency, neglect of duty, gross immorality, malfeasance in office or for engaging in ex parte communications with persons having business pending before the council.
§ 17C-17A-5. Weight limits; creation of state policy and powers of council.

(a) The council shall examine issues relating to transportation of goods and materials. The council, therefore, shall create and adopt a state policy relating to such transportation.

Prior to adopting any such policy, the council may hold public hearings in order to elicit public participation and comment in the formation of such policy. Notice of a public hearing shall be provided as set forth in section seven of this article.
In adopting policy as prescribed herein, the council shall consider weight limits, fees schedules and other criteria for including highways and bridges in the system: Provided, That maximum weight limits may not exceed one hundred thousand pounds: Provided, however, That upon making findings supported by relevant facts, weight limits of one hundred twenty thousand pounds may be designated by the council on appropriate highways and bridges.
The policy required to be made by this article shall be based upon relevant facts relating to: (1) Public safety; (2) the integrity of the state's highway system; (3) the economic costs involved in transportation of goods and materials and the state's economy; and (4) additional considerations reasonably associated with the transportation of goods and materials along the state's highway system.
(b) The policy shall also provide that highways and bridges may be upgraded prior to inclusion in the system, and that certain upgrading costs may be shared by the state and governmental entities by entering into cooperative agreements as set forth in section eight of the article.
(c) The council shall adopt the policy required by this article no later than the first day of August, one thousand nine hundred ninety-four.
§ 17C-17A-6. Powers of council.

To fulfill its duties under this article, the council has the following powers:

(a) To gather information and data relating to the transportation of goods and materials;
(b) To determine whether the weight limits of particular public highways, or portions thereof, and public bridges existing in this state can safely be increased above the limits set by article seventeen of this chapter but not above the limits set forth in section five of this article, in an economically practical and feasible manner, for the purpose of transporting goods and materials;
(c) To hold public hearings to discuss issues relating to the transportation of goods and materials;
(d) To designate certain highways and bridges for inclusion in the system;
(e) To set weight limits in compliance with this article and to set fees to be used to upgrade highways and bridges included in the system and to enforce such weight limits;
(f) To coordinate safety and weight inspections and enforcement, as set forth in sections eight through fourteen of this article, among the various agencies of state government; and
(g) To make recommendations to the Legislature relating to the transportation of goods and materials.
§ 17C-17A-7. Designating highways and bridges.

(a) Beginning on or before the first day of October, one thousand nine hundred ninety-four, and commencing thereafter in each successive year on or before such day and month, the council shall meet and prepare a list of public highways or portions thereof, and public bridges, if any, which under the policy required by this article and sound engineering and safety principles, can withstand weights beyond those permitted by article seventeen of this chapter, but which are permitted by this article, for inclusion in the system. In preparing such list, the council may consider any highway or bridge existing in the state.

(b) In determining which highways and bridges to include in the system, the council shall consider, at a minimum, the following criteria:
(1) The recommended tonnage limits for the axle configuration of the motor vehicles that transport or carry goods and materials;
(2) The total tonnage which each highway or bridge can adequately support;
(3) The maximum limits set by section five of this article.
(c) All decisions made by the council shall be based upon facts considered in a reasonable and prudent manner.
(d) The council shall provide notice by publication of the date, time and place of any meeting in which the council intends to vote on highways and bridges to be included on the list. The notice shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication shall be in a newspaper which is regularly circulated in the county or counties effected. The notice shall be published at least fifteen days prior to the meeting. Substantial compliance with this notice provision shall be considered sufficient notice.
(e) The council may hold a public hearing prior to voting on the list.
(f) After complying with the notice requirements prescribed above, the council shall vote on whether to include each highway and bridge under consideration on the list.
(g) As soon as practical after the vote required by subsection (f) above, the council shall publish by legal advertisement, as set forth in subsection (d) above, and make known to the public by other means, which highways and bridges comprise the industrial road system.
(h) The council may, at any time, add to the list or delete therefrom or make changes in weight limits and fees: Provided, That any addition, deletion or change shall be made in compliance with the notice and hearing procedures set forth above and shall be based upon the existence of facts which reasonably and logically lead to the conclusion made.
§ 17C-17A-8. Cooperative agreements.

The chairperson of the council may enter into cooperative agreements to upgrade a public highway or bridge, or portion thereof, with any interested person in order for such highway or bridge to meet the standards for inclusion in the West Virginia industrial road system. The council, by rules adopted hereunder, shall set forth criteria to apportion incremental costs necessarily incurred to be in compliance with this article and which are associated with design, maintenance, construction or reconstruction of highways and bridges existing in this state and covered by a cooperative agreement: Provided, That such cooperative agreements do not apply to the design, maintenance, construction or reconstruction of highways and bridges which are part of the federal interstate highway system.

For purposes of this section, "incremental costs" means those costs which exceed usual and regular costs incurred as a result of vehicle traffic operating at or below the maximum weight limits set by article seventeen of this chapter.
Nothing contained herein shall effect the continuing validity of any existing agreement.
Notwithstanding any provision of this article, the state may not be relieved of performing normal and routine maintenance on all highways and bridges covered by any cooperative agreement.
The provisions of this article may not be construed to permit any person or entity other than the West Virginia division of highways to design, maintain, construct or reconstruct any road, highway or bridge nor may liability for damages arising out of any such design, maintenance, construction or reconstruction be implied against any party as a result of a cooperative agreement.
§ 17C-17A-9. Special permit required for vehicles registered for use on system; weight limitations; payment of decal fee; applications and decals; valid dates.

(a) The owner of any vehicle, desiring to transport goods and materials over public highways or bridges which have been designated as part of the West Virginia industrial road system, shall apply for and, upon payment of the required fee, as such shall be determined by the council, shall receive, from the division of motor vehicles, a special permit.

(b) All vehicles, for which a special permit is issued, may be operated in accordance with the weight limits set forth by the council, in excess of the maximum gross weight prescribed in article seventeen of this chapter, and any other maximum weight limitations on any public highway or bridge.
(c) The special permits shall be issued by the division of motor vehicles.
(d) The special permits issued shall be permanently affixed immediately below the window glass on the top of the door on the driver's side of the vehicle. The special permit shall be issued to a particular vehicle and shall remain with the vehicle upon transfer of possession or ownership of such vehicle.
(e) Special permits shall be valid for a period of one year from the date of issue.
(f) Lost, destroyed, stolen or otherwise unuseable special permits shall be replaced in accordance with rules to be made by the commissioner of motor vehicles.
(g) The payment of the decal fee, as required by the council, shall be in addition to any state registration fee, user fee or other decal fee required by law.
§ 17C-17A-10. Coordination with federal laws.

For purposes of this article, the dimensional requirements of motor vehicles shall conform to all applicable federal laws and regulations. Nothing in this article may be construed or administered so as to jeopardize the receipt of federal funds for highway purposes. In no event may this article be construed to authorize any vehicle to operate on a federal interstate highway in excess of those limits prescribed by federal law or to endanger the public.

§ 17C-17A-11. Required stops and inspections; weighing of vehicles; conformity to weight requirements; liability of owners; exceptions; penalty.

(a) Any law-enforcement officer or employee of the division of highways designated by the commissioner of highways as a member of an official weighing crew, may require the driver or drivers of any vehicle or combination thereto, operated with a special permit issued hereunder to stop and submit such vehicle or combination thereof to a weighing with portable or stationary weighing devices in order to determine whether such vehicle or combination thereof is in violation of any of the provisions of this article. Such officer or employee may also require that such vehicle or combination thereof be driven to the nearest weighing device, but only if such weighing device is within two miles of the place where the vehicle or combination of vehicles is stopped.

(b) A law-enforcement officer or member of an official weighing crew may not stop any vehicle or combination thereof for weighing unless a portable or stationary weighing device is actually present at the location where the vehicle or combination of vehicles is stopped or unless the vehicle or combination thereof is escorted, immediately after being stopped, to a portable or stationary weighing device. In no case may a vehicle or combination of vehicles be detained more than one hour from the time the same is stopped for weighing, unless the vehicle or combination thereof is impounded for a violation in accordance with the provisions of section twelve of this article.
(c) Whenever an officer or member of an official weighing team determines that a vehicle or combination of vehicles is in violation of any of the provisions of this article, he or she may require the driver to stop such vehicle or combination thereof in a suitable place and to remain stationary until such vehicles or combination of vehicles is brought into conformity with any rule or provision authorized hereunder.
(d) In the case of a weight violation, all goods and materials unloaded shall be cared for by the owner, lessee or borrower of such vehicle or combination of vehicles at the risk of such owner, lessees or borrower: Provided, That no criminal charges may be preferred against any driver, operator or owner of a vehicle when a rearrangement of the load upon the vehicle, without removal therefrom, reduces the axle loads of such vehicle to a limit permitted under this article.
(e) Any driver of a vehicle or combination of vehicles who fails or refuses to comply with any requirement or provision of this section, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined up to ten thousand dollars or imprisoned in the county or regional jail for a period not to exceed one year, or both fined and imprisoned.
§ 17C-17A-12. Penalties for violation of weight laws; impounding vehicles; fines and bond requirements; liability for storage costs; exceptions to impoundment; notice of hearing; additional fines.

(a) Any owner, lessee or borrower of a vehicle or combination of vehicles who operates or permits to be operated on any highway, such vehicle or combination thereof with any axle load in excess of that permitted by the council, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in accordance with the schedule set forth in this section and in proportion to the amount of pounds in excess of the allowed, registered or permitted weight, plus a tolerance of five percent of the registered or permitted weight.

AMOUNT OF FINE

1 to 2,000 $ 50.00
2,001 to 4,000 200.00
4,001 to 5,000 300.00
5,001 to 10,000 800.00
10,001 to 15,000 1,300.00
15,001 to 20,000 1,800.00
20,001 to 25,000 2,300.00
25,001 to 30,000 2,800.00
30,001 to 35,000 3,500.00
35,001 to 40,000 4,000.00
40,001 to 45,000 4,500.00
45,001 to 50,000 5,000.00
50,001 to 70,000 7,500.00
70,001 and over 10,000.00
(b) In the event any owner, lessee or borrower of a vehicle is charged with violating any weight limits authorized by this article, the vehicle shall be impounded by the arresting officer and may not be released to such owner, lessee or borrower, unless such owner, lessee or borrower either has been found guilty and paid the assessed fine, has furnished cash or surety bond, in at least double the amount which could be assessed for such violation, and such cash or surety bond is conditioned upon payment of any such fine and costs assessed for such violation, or such owner, lessee or borrower has been acquitted of the charge. Such owner, lessee or borrower whose vehicle is lawfully impounded shall be liable for any reasonable storage costs incurred in storing such vehicle.
(c) If the owner of a vehicle charged with violating this article is a resident of or has a principal place of business located in this state, and the vehicle has been duly licensed in this state, then such vehicle may not be impounded: Provided, That the arresting officer shall deliver to the driver a written notice describing in sufficient detail such violation. Such notice shall also include: (1) The place, date and time; (2) the license number of the vehicle; (3) the title number and name and address of the owner; (4) the driver's name, address and the number of his or her operator's or commercial driver's license card or permit; and (5) the court place, date and time for a hearing, which shall be held within five days of the date of the violation, excluding Saturdays, Sundays and holidays. A copy of the notice shall be mailed within forty-eight hours to the owner of the vehicle. Upon failure by the owner or his or her agent to appear at the designated place and time of such hearing, or upon failure to pay the fine and costs assessed for such violation in the event of conviction therefor, the court shall order a bond or the impounding of the vehicle as provided in this section.
(d) If any owner, lessee or borrower of a vehicle is charged with a violation of any weight requirements prescribed by the council and authorized by this article and such owner, lessee or borrower has not been issued the special permit as required hereunder, each such owner, lessee or borrower shall be fined in an amount equal to the amount it would cost to obtain such permit for the particular vehicle cited. Such fine shall be in addition to any other civil penalty or criminal fine assessed, under this article.
§ 17C-17A-13. Securing of loads; penalty and fine.

(a) Any vehicle or combination of vehicles transporting any load of goods and materials and subject to the provisions of this article, shall ensure that such load is sufficiently fastened or covered in order to prevent the dropping, sifting, leaking or escaping of such load or any portion thereof on any trip exceeding a total distance of five miles on any public highway.

(b) Any owner, lessee or borrower of a vehicle or combination of vehicles found to be in violation of this section, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined one thousand dollars.
§ 17C-17A-14. Liability of receivers; recording of permit numbers; civil penalties; inspection of records.

(a) No receiver of any transported goods and materials subject to the provisions of this article requiring the issuance of a special permit shall accept, receive or pay for any load from a vehicle which has not been issued such permit or from any vehicle which is in excess of any weight limits authorized by this article. Nor may such receiver pay the shipper or hauler for any goods and materials in excess of any weight limit authorized hereunder.

(b) All receivers of goods and materials, transported under the provisions of this article, shall record the special permit number of all vehicles transporting such goods and materials on any weight tickets, invoices, statements or other documents evidencing receipt of such goods and materials. Such receiver or the designated agent thereof shall sign his or her name on such document in order to certify compliance with this article. Such receiver, by an owner, corporate officer or authorized agent shall certify, under oath that all goods and materials received have been in compliance with the weight limits prescribed by the council or specifically set forth in this article.
(c) A receiver found to be in violation of this section is liable for a civil penalty according to the schedule set forth below: Provided, That if such receiver was fined under section twelve of this article, the total of such fine and civil penalty may not exceed the maximum permitted under this section: Provided, however, That the failure to certify and file a certification as required by this section shall constitute a form of false swearing and shall be punished as set forth in subsection (c), section fifteen of this article.
Fine to be imposed for pounds in excess of registered weight, or in excess of allowable weight for single axle or in excess of allowable weight for groups of two or more consecutive axles are as follows:
0 to 2,000..................................$ 50.00
2,001 to 3,000$ 100.00
3,001 to 4,000$ 200.00
4,001 to 5,000$ 300.00
5,001 to 6,000$ 400.00
6,001 to 7,000$ 500.00
7,001 to 8,000$ 600.00
8,001 to 9,000$ 700.00
9,001 to 10,000$ 800.00
10,001 to 11,000$ 900.00
11,001 to 12,000$ 1,000.00
12,001 to 13,000$ 1,100.00
13,001 to 14,000$ 1,200.00
14,001 to 15,000$ 1,300.00
15,001 to 16,000$ 1,400.00
16,001 to 17,000$ 1,500.00
17,001 to 18,000$ 1,600.00
18,001 to 19,000$ 1,700.00
19,001 to 20,000$ 1,800.00
20,001 to 21,000$ 1,900.00
21,001 to 22,000$ 2,000.00
22,001 to 23,000$ 2,100.00
23,001 to 24,000$ 2,200.00
24,001 to 25,000$ 2,300.00
25,001 to 26,000$ 2,400.00
26,001 to 27,000$ 2,500.00
27,001 to 28,000$ 2,600.00
28,001 to 29,000$ 2,700.00
29,001 to 30,000$ 2,800.00
30,001 to 35,000$ 3,500.00
35,001 to 40,000$ 4,000.00
40,001 to 45,000$ 4,500.00
45,001 to 50,000$ 5,000.00
50,001 to 70,000$ 7,500.00
over 70,000$10,000.00
(d) All producers and shippers of goods and materials and all receivers, purchasers or consignees thereof shall make available for inspection by the commissioner of highways or his or her designee, or by the public service commissioner or its designee, all records, files, bills of lading or other documents as the commissioner of highways or the public service commissioner consider necessary to effect the provisions of this section.
§ 17C-17A-15. Records of receivers; inspection of records; violations; penalties.

(a) Every shipper or receiver of shipments of goods and materials, on the basis of gross weight limits, shall keep a written record of the following: (1) The geographical origin in the state of shipments; (2) the weight and composition of such shipment; (3) the date of the loading, unloading or receipt of such shipments; (4) the name and address of the shipper and receiver; (5) the total number of axles on the vehicle; and (6) the registration number of the vehicle or power unit, or some other means of identification of the means by which the product was transported: Provided, That if scales are not available at points of origin in the state, the loads must be weighed at point of receipt. All records shall be retained for ninety days after the date of weighing.

(b) All relevant records shall, during reasonable business hours, be open to inspection and copying to any agency authorized to inspect such records.
(c) Any person who fails to keep, maintain or open for inspection and copying the documents or records required by this section, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined one thousand dollars for the first offense and one thousand dollars for each subsequent offense, or imprisoned in the county or regional jail for a period not to exceed one year, or both fined and imprisoned.
(d) Any person, who willfully and knowingly fails to accurately record the information required by the provisions of this section, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less then five hundred dollars for each offense, or imprisoned in the county or regional jail for a period not to exceed one year, or both fined and imprisoned.
§ 17C-17A-16. Concurrent jurisdiction of magistrates.

Magistrates have concurrent jurisdiction with the circuit courts of the various counties to adjudicate all alleged civil and criminal violations of this article.

§ 17C-17A-17. Application of federal law.

All regulations, established by the United States department of transportation, motor carrier safety division, shall apply to vehicles subject to the provisions of this article.




NOTE: The purpose of this bill is to establish a mechanism to coordinate safety and weight requirements and limitations for vehicles that transport goods and materials in the state and to coordinate safety and inspection inspections and enforcement of any requirements. The bill would create a council to set weight limitations and to designate particular highways and bridges to be part of the West Virginia industrial road system which would be subject to the limitations and to the authority of the council. The bill also gives the council authority to set and provide for the collection of fees to pay for construction, reconstruction, maintenance or upgrade of roads and bridges that are designated to be within the West Virginia industrial road system and to fund enforcement of the provisions of the article. The bill also provides for various civil and criminal penalties for violations as prescribed by the article.


This article is new; therefore, strike-throughs and underscoring have been omitted.