House File 790 - Introduced HOUSE FILE 790 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 256) (COMPANION TO SF 550 BY COMMITTEE ON TRANSPORTATION) A BILL FOR An Act creating a permit allowing the operation of vehicles 1 of excessive weight transporting fluid milk products, and 2 providing fees. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2759HV (2) 89 th/ns
H.F. 790 Section 1. Section 321.463, subsection 3, Code 2021, is 1 amended to read as follows: 2 3. Notwithstanding other provisions of this chapter to 3 the contrary, indivisible loads operating under the permit 4 requirements of sections 321E.7 , 321E.8 , 321E.9 , and 321E.29A , 5 and 321E.29B, and divisible loads operating under the permit 6 requirements of section 321E.26 , shall be allowed a maximum of 7 twenty thousand pounds per axle. 8 Sec. 2. Section 321E.14, subsection 1, Code 2021, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . k. Four hundred dollars for a fluid milk 11 products annual permit issued pursuant to section 321E.29B. 12 Sec. 3. NEW SECTION . 321E.29B Fluid milk products annual 13 permit. 14 1. Notwithstanding section 321E.8, the department may issue 15 annual permits for the operation of vehicles or combinations 16 of vehicles transporting fluid milk products to or from a milk 17 plant, receiving station, or transfer station, exceeding the 18 weight limitation of section 321.463 but not exceeding a gross 19 weight of ninety thousand pounds. 20 2. A vehicle or combination of vehicles for which a permit 21 is issued under this section shall not exceed the maximum 22 dimensions specified in sections 321.454 through 321.457. 23 3. For purposes of this section, “fluid milk product” means 24 as defined in 7 C.F.R. §1000.15. 25 4. The department shall adopt rules pursuant to chapter 17A 26 governing the issuance of permits under this section. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 Current law provides an annual permit authorizing a raw milk 31 transporter to transport raw milk to or from a milk plant, 32 receiving station, or transfer station. The combined gross 33 weight or gross weight on any axle or group of axles of the 34 motor truck must not exceed the limits established under Code 35 -1- LSB 2759HV (2) 89 th/ns 1/ 2
H.F. 790 section 321.463. 1 This bill authorizes the department of transportation (DOT) 2 to issue annual permits for the operation of vehicles or 3 combinations of vehicles transporting fluid milk products to 4 or from a milk plant, receiving station, or transfer station 5 while exceeding the weight limitation of Code section 321.463 6 but not exceeding 20,000 pounds per axle, and not exceeding a 7 gross weight of 90,000 pounds. 8 The bill defines “fluid milk product” to mean any milk 9 products in fluid or frozen form that are intended to be used 10 as beverages containing less than 9 percent butterfat and 6.5 11 percent or more nonfat solids or 2.25 percent or more true milk 12 protein. The bill specifies a fee of $400 for a fluid milk 13 products annual permit. 14 The operator of a vehicle that exceeds the allowable weight 15 based on its number of axles and the distance between the axles 16 is subject to a scheduled fine. The scheduled fine ranges 17 from $12 to $2,200 plus 10 cents per pound in excess of 20,000 18 pounds over the limit. 19 -2- LSB 2759HV (2) 89 th/ns 2/ 2