Senate Study Bill 1138 - IntroducedA Bill ForAn Act 1authorizing the department of transportation to issue
2special permits allowing the transportation of loads of
3relief supplies that exceed statutory weight limits during
4periods of national emergency.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  321E.29B  Special permits — relief
2supplies during periods of national emergency.
   31.  During an emergency, the department may issue special
4permits pursuant to 23 U.S.C.§127(i) authorizing the
5transportation of divisible loads of relief supplies that
6exceed the weight limits established under section 321.463 on
7the interstate highway system if the president of the United
8States has declared the emergency to be a major disaster under
9the federal Robert T.Stafford Disaster Relief and Emergency
10Assistance Act, Pub.L. No.93-288, as amended, 42 U.S.C.§5121
11et seq.
   122.  The department shall only issue special permits under
13this section exclusively for vehicles and loads that are
14delivering relief supplies.
   153.  The department may issue a special permit under this
16section to a commercial motor carrier that covers all vehicles
17operated under the commercial motor carrier’s interstate or
18intrastate motor carrier number, as those terms are defined
19in section 325A.1, provided all vehicles operating under the
20permit comply with subsection 2.
   214.  The department shall adopt rules pursuant to chapter 17A
22to administer this section.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
   26Federal law authorizes states to issue special permits
27allowing the transportation of overweight, divisible loads
28during emergencies if the president of the United States has
29declared the emergency to be a major disaster, the permits are
30issued in accordance with state law, and the permits are issued
31exclusively for vehicles that are delivering relief supplies.
32Under current law, the Iowa department of transportation (DOT)
33does not have the authority to issue such special permits
34pursuant to the federal authorization.
   35This bill authorizes the DOT to issue special permits
-1-1pursuant to the federal authorization allowing vehicles and
2loads delivering relief supplies on the interstate highway
3system during a declared major disaster to exceed the weight
4limits under Code section 321.463. The bill allows the DOT
5to issue special permits to commercial motor carriers that
6cover all vehicles operated under a carrier’s interstate
7or intrastate motor carrier number, provided all vehicles
8operating under the commercial motor carrier’s permit are
9delivering relief supplies.
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th/ns