House File 2354 - Introduced



                                       HOUSE FILE       
                                       BY  WHITAKER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to hours=of=service requirements for certain
  2    commercial motor vehicle operators hauling agricultural
  3    commodities or farm supplies.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5967HH 82
  6 dea/nh/8

PAG LIN



  1  1    Section 1.  Section 321.449, Code 2007, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  8.  a.  Rules adopted under this section
  1  4 pertaining to compliance with requirements under 49 C.F.R.
  1  5 part 395 shall not apply to agricultural operations that are
  1  6 engaged in intrastate commerce at any time of the year within
  1  7 a one hundred air mile radius from the source of the
  1  8 agricultural commodity or the distribution point for the farm
  1  9 supplies for agricultural purposes.
  1 10    b.  For purposes of this subsection, the following
  1 11 definitions apply:
  1 12    (1)  "Agricultural commodity" means any agricultural
  1 13 commodity, nonprocessed food, feed, fiber, or livestock,
  1 14 including insects.
  1 15    (2)  "Agricultural operations" means the operation of a
  1 16 motor vehicle or combination of vehicles transporting
  1 17 agricultural commodities or farm supplies for agricultural
  1 18 purposes.
  1 19    (3)  "Farm supplies for agricultural purposes" means
  1 20 products directly related to the growing or harvesting of
  1 21 agricultural commodities and livestock feed at any time of the
  1 22 year.
  1 23    (4)  "Livestock" means cattle, sheep, goats, swine,
  1 24 poultry, including egg=producing poultry, fish used for food,
  1 25 and other animals designated by the secretary of the United
  1 26 States department of transportation, at the sole discretion of
  1 27 the secretary, that are part of a foundation herd, including
  1 28 producing dairy cattle, or offspring.
  1 29                           EXPLANATION
  1 30    This bill exempts drivers of certain commercial motor
  1 31 vehicles from hours=of=service and recordkeeping requirements
  1 32 provided in federal law and adopted by Iowa under
  1 33 administrative rules.  Under the bill, the rules shall not
  1 34 apply to drivers of vehicles operating intrastate transporting
  1 35 agricultural commodities or farm supplies within a 100=mile
  2  1 radius from the source of the commodities or supplies.  The
  2  2 exemption applies year=round.
  2  3 LSB 5967HH 82
  2  4 dea/nh/8.2