House Study Bill 100 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF TRANSPORTATION BILL) A BILL FOR An Act authorizing the department of transportation to issue 1 special permits allowing the transportation of loads of 2 relief supplies that exceed statutory weight limits during 3 periods of national emergency. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1278DP (5) 89 th/ns
S.F. _____ H.F. _____ Section 1. NEW SECTION . 321E.29B Special permits —— relief 1 supplies during periods of national emergency. 2 1. During an emergency, the department may issue special 3 permits pursuant to 23 U.S.C. §127(i) authorizing the 4 transportation of divisible loads of relief supplies that 5 exceed the weight limits established under section 321.463 on 6 the interstate highway system if the president of the United 7 States has declared the emergency to be a major disaster under 8 the federal Robert T. Stafford Disaster Relief and Emergency 9 Assistance Act, Pub. L. No. 93-288, as amended, 42 U.S.C. §5121 10 et seq. 11 2. The department shall only issue special permits under 12 this section exclusively for vehicles and loads that are 13 delivering relief supplies. 14 3. The department may issue a special permit under this 15 section to a commercial motor carrier that covers all vehicles 16 operated under the commercial motor carrier’s interstate or 17 intrastate motor carrier number, as those terms are defined 18 in section 325A.1, provided all vehicles operating under the 19 permit comply with subsection 2. 20 4. The department shall adopt rules pursuant to chapter 17A 21 to administer this section. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 Federal law authorizes states to issue special permits 26 allowing the transportation of overweight, divisible loads 27 during emergencies if the president of the United States has 28 declared the emergency to be a major disaster, the permits are 29 issued in accordance with state law, and the permits are issued 30 exclusively for vehicles that are delivering relief supplies. 31 Under current law, the Iowa department of transportation (DOT) 32 does not have the authority to issue such special permits 33 pursuant to the federal authorization. 34 This bill authorizes the DOT to issue special permits 35 -1- LSB 1278DP (5) 89 th/ns 1/ 2
S.F. _____ H.F. _____ pursuant to the federal authorization allowing vehicles and 1 loads delivering relief supplies on the interstate highway 2 system during a declared major disaster to exceed the weight 3 limits under Code section 321.463. The bill allows the DOT 4 to issue special permits to commercial motor carriers that 5 cover all vehicles operated under a carrier’s interstate 6 or intrastate motor carrier number, provided all vehicles 7 operating under the commercial motor carrier’s permit are 8 delivering relief supplies. 9 -2- LSB 1278DP (5) 89 th/ns 2/ 2