PROCLAMATION OF DISASTER EMERGENCY

 

WHEREAS, on March 13, 2019, and continuing, widespread flooding and flash flooding
events began to impact the state of Iowa due to rapid snow melt combined with heavy rains, the
result of which is causing dangerous flood conditions across much of the state; and


WHEREAS, on March 14, 2019, a Proclamation of Disaster Emergency was issued
statewide activating the disaster response and recovery aspects of the Iowa Emergency Response
Plan and those additional response plans applicable to counties affected by the disaster, and
temporarily suspending certain regulatory provisions of Iowa Code; and


WHEREAS, on March 22, 2019, a Proclamation of Disaster Emergency was issued
temporarily suspending certain regulatory provisions statewide related to the transportation and
delivery of goods and services while responding to disaster sites; and


WHEREAS, on March 25, 2019, a Proclamation of Disaster Emergency was issued
amending and expanding the temporary suspensions to certain regulatory provisions statewide
related to the transportation and delivery of goods and services while responding to disaster sites;
and


WHEREAS, on April 12, 2019, a Proclamation of Disaster Emergency was issued
extending all previous proclamations of disaster emergency signed between March 14 through
March 25, 2019 and also temporarily suspended certain regulatory provisions of Iowa Code
relating to length of stay and fee requirements at certain state parks; and


WHEREAS, on May 10, 2019, a Proclamation of Disaster Emergency was issued
extending all previous proclamations of disaster emergency signed between March 14 through
April 12, 2019; and


WHEREAS, on June 10, 2019, a Proclamation of Disaster Emergency was issued
extending the temporary suspension of certain regulatory provisions of Iowa Code enacted
through previous proclamations of disaster emergency signed between March 14 through April
12, 2019; and


WHEREAS, surveys and reports forwarded by local officials indicate there is an
ongoing need for state assistance to respond to and recover from the effects of this event; and


WHEREAS, the aforementioned Proclamations of Disaster Emergency continue to be
needed to provide ongoing support to those impacted by this event; and


WHEREAS, these conditions threaten the public peace, health, and safety of citizens of
the State of Iowa. Because of this, they provide legal justification for the issuance of a
Proclamation of a State of Disaster Emergency pursuant to Iowa Code § 29C.6 (1).

 

NOW, THEREFORE, I, KIMBERLY K. REYNOLDS, Governor of the State of Iowa,
by the power and authority vested in me by the Iowa Constitution Art. IV, §§ 1, 8 and Iowa Code
§ 29C.6 (1), and all other applicable laws, do hereby proclaim a STATE OF DISASTER
EMERGENCY
to be extended throughout the State of Iowa and do hereby ORDER and
DIRECT the following:

 

SECTION 1. As required by Iowa Code § 29C.6 (1), (10) and 42 U.S.C. § 5170 in cases
of Presidential Disaster Declarations, this Proclamation of Disaster Emergency activates the
disaster response and recovery aspects of the Iowa Department of Homeland Security and
Emergency Management’s Iowa Emergency Response Plan and those additional response plans
applicable to the counties affected by this disaster and authorizes the use and deployment of all
available state resources, supplies, equipment, and materials as are reasonably necessary to assist
those citizens located in the disaster affected counties.

 

SECTION 2. I temporarily suspend the regulatory provisions of Iowa Code Chapter 8A,
Iowa Code § 313.10, 11 Iowa Admin. Code Chapters 117 and 118, and 641 Iowa Admin. Code
Chapter 176, requiring the Iowa Department of Homeland Security and Emergency
Management, the Iowa Department of Transportation, the Iowa Department of Public Safety, the
Iowa Department of Natural Resources, the Iowa Department of Public Health, and other state
agencies involved in the response to this disaster emergency to procure goods and services
through a competitive selection process. Suspension of these provisions is limited to the duration
of this proclamation and is further limited to procurements which are necessary to respond to and
recover from this disaster emergency. Iowa Code § 29C.6 (6).

 

SECTION 3. I temporarily suspend the following Iowa Department of Natural
Resources length-of-stay and fee requirements at Waubonsie State Park located in Fremont
County for those residents of Iowa and adjoining states who have been displaced from their
homes by this disaster:

 

A. The provisions of Iowa Code § 461A.49 limiting an individual's ability to camp in a
state park or preserve to no more than fourteen consecutive nights in all state parks,
preserves, and state forest campgrounds managed by the state of Iowa.

 

B. The provisions of 571 Iowa Admin. Code 61.4 (5), limiting an individual's ability to
camp in a state park or preserve to no more than fourteen consecutive nights with a
minimum of three nights separating each two-week stay in all state parks or preserves
managed by the state of Iowa.

 

C. The provisions of 571 Iowa Admin. Code 61.3 (4), 61.4 (1), 62.4 and 62.5 (2),
relating to camping and related transactions fees for state parks, preserves and forests
managed by the state of Iowa.

 

D. The provisions of 571 Iowa Admin. Code 61.3(2) (b) (2) and 62.4(2) (b), relating to
the Iowa Department of Natural Resources establishing minimal numbers of
campground sites that must be made available through the online reservation system.

 

E. The provisions of 571 Iowa Admin. Code 61.3 and 62.4, relating to the methods
persons may make reservations for state parks, preserves and forest campgrounds.
Pursuant to this suspension, persons displaced by this disaster may make reservations
only by telephone or in person to be eligible for any fee waivers provided by this
section.


Iowa Code § 29C.6 (6).

 

SECTION 4. I temporarily suspend the regulatory provisions of Iowa Code
§ 321.449 pertaining to hours of service for disaster repair crews and drivers delivering goods
and services while responding to disaster sites during the duration of this disaster, subject to
these conditions:


A. Nothing contained in this Proclamation shall be construed as an exemption from the
controlled substances and alcohol use and testing requirements under 49 CFR Part 382,
the commercial drivers’ license requirements under 49 CFR Part 383, the financial
responsibility requirements of 49 CFR Part 387, or any other portion of the Code of
Federal Regulations not specifically identified in this proclamation.

 

B. No motor carrier operating under the terms of this proclamation shall require or allow a
fatigued or ill driver to operate a motor vehicle. A driver who informs a carrier that he or she needs

immediate rest shall be given at least ten consecutive hours off duty before
the driver is required to return to service.

 

C. Upon the request of a driver, a commercial motor carrier operating under this
proclamation must give a driver at least thirty-four (34) consecutive hours off when the
driver has been on duty for more than seventy (70) hours during any eight consecutive
days.

 

D. Motor carriers that have an out-of-service order in effect may not take advantage of the
relief from regulations that this declaration provides under title 49 CFR § 390.23.

 

E. Upon the expiration of the effective date of this Proclamation, or when a driver has
been relieved of all duty and responsibility to provide direct assistance to the
emergency effort, a driver that has had at least thirty-four (34) consecutive hours off
duty shall be permitted to start his or her on-duty status hours and 60/70 hour clock at
zero.

 

Iowa Code § 29C.6 (6).


SECTION 5. I temporarily suspend the regulatory provisions of Iowa Code §§
321.463(6)(a), (6)(b) and 321E.29 and 761 Iowa Admin. Code Chapter 511, to the extent those
provisions restrict the movement of loads related to disaster repairs and recovery on all highways
within Iowa, excluding the interstate system, and require a permit to transfer such loads, when
such loads:

 

A. Do not exceed a maximum of 90,000 pounds gross weight,

 

B. Do not exceed by more than twelve and one-half percent (12.5%) the maximum axle
weight limit determined under the non-primary highway maximum gross weight table
in Iowa Code § 321.463(5) (b),

 

C. Do not exceed the legal maximum axle weight limit of 20,000 pounds, and

 

D. Comply with posted weight limits on roads and bridges.

 

Iowa Code § 29C.6 (6).

 

SECTION 6. I temporarily suspend the regulatory provisions of Iowa Code §§
321.463(3), 321E.2, 321E.8, and 321E.9 that limit issuance of permits for oversize or overweight
loads to loads which are indivisible, to allow annual permits issued under Iowa Code § 321E.8
and single-trip permits issued under § 321E.9 to be issued for loads which are divisible and
related to disaster repair and recovery. I further waive for vehicle and loads, whether divisible or
indivisible, the regulatory provisions of Iowa Code § 321E.12 that require the vehicle traveling
under a permit to be registered for the gross weight of the vehicle and load and the regulatory
provisions of Iowa Code § 321E.14 that require the payment of a fee for a permit issued for a
vehicle and load related to disaster repair and recovery. The provisions of this paragraph apply
only when the movement of the vehicle and load is related to disaster repair and recovery. The
movement of any vehicle or load under this paragraph must comply with all other requirements
of Chapter 321E of the Iowa Code and of the permit issued, other than as suspended herein. The
provisions of this paragraph relating to the permitting and movement of divisible loads authorize
the movement of such loads on all highways of this state, excluding the interstate system. Iowa
Code § 29C.6 (6).

 

SECTION 7. I temporarily suspend the regulatory provisions of Iowa Code §
321.457(2)(n) and any rules adopted by the Iowa Department of Transportation, to the extent
those rules restrict the movement of combinations of vehicles otherwise permitted under that
section to economic export corridors established by the department, and allow such vehicles be
operated on all highways of the state, other than the interstate system, provided the movement is
related to disaster repair and recovery. Iowa Code § 29C.6 (6).

 

SECTION 8. I do hereby suspend the regulatory provisions of Iowa Code §
321.42(2)(b) prescribing a five (5) day waiting period for issuance of a replacement copy of an
original certificate of title to the owner of a vehicle, as applied to an owner whose original certificate of

title was lost or destroyed as a result of the above-described severe weather and
flooding. A written statement by the owner, in or appended to the owner's application for
replacement copy of original certificate of title, confirming that the original certificate of title
was lost or destroyed as a result of the above-described severe weather and flooding shall be
required to invoke this suspension. Iowa Code § 29C.6 (6).

 

SECTION 9. I do hereby suspend the regulatory provisions of Iowa Code § 321.42(2)(a)
prescribing a fee for issuance of a replacement copy of an original certificate of title, as applied
to an owner or lienholder whose original certificate of title was lost or destroyed as a result of the
above-described severe weather and flooding. A written statement by the owner or lienholder, in
or appended to the owner's or lienholder’s application for replacement copy of original certificate

of title, confirming that the original certificate of title was lost or destroyed as a result of the

above-described severe weather and flooding shall be required to invoke this suspension.

IowaCode § 29C.6 (6).

 

SECTION 10. I do hereby suspend the regulatory provisions of Iowa Code § 321.42(1)
prescribing a fee for issuance of a replacement registration card, plate or pair of plates, as applied
to any registration card, plate or pair of plates lost in or made illegible as a result of the above-
described severe weather and flooding. A written statement by the owner, in or appended to the
application for same, confirming that the registration card, plate or pair of plates was lost or
made illegible as a result of the above-described severe weather and flooding shall be required to
invoke this suspension. Iowa Code § 29C.6 (6).

 

SECTION 11. I do hereby suspend the regulatory provisions of Iowa Code § 321.195
prescribing a fee for issuance of a duplicate or substitute driver’s license or non-operator’s
identification card as applied to a person whose driver’s license or non-operator’s identification
card was lost or destroyed in any one of the disaster counties as a result of the above-described
severe weather and flooding.  A written statement by the person, in or appended to the person’s
application for same, confirming that the person’s driver’s license or non-operator’s
identification card was lost or destroyed in any one of the disaster counties as a result of the
above-described severe weather and flooding shall be required to invoke this suspension. Iowa
Code § 29C.6 (6).

 

SECTION 12. I do hereby suspend the regulatory provisions of Iowa Code § 322.5(1)(a)
prescribing a fee for any additional car lot established by an affected new or used motor vehicle
dealer to cope with said emergency and waive the requirement that such car lot be in the city or
township in which the principal place of business is located; provided, however, that any such
car lot established by an affected new or used motor vehicle dealer must remain within the same
community as defined in Iowa Code § 322a(1)(2) and provided further that any such lot
established by an affected dealer, new or used, must remain in the same county as the principal
place of business or an Iowa county adjacent thereto. Iowa Code § 29C.6 (6).

 

SECTION 13. I do hereby suspend the regulatory provisions of Iowa Code § 322C.4(1)
prescribing a fee for any additional travel trailer lot established in addition to the principal place
of business by an affected travel trailer dealer to cope with said emergency and waive the
requirement that such travel trailer lot be in the city or township in which the principal place of
business is located; provided, however, that any such travel trailer lot established by an affected
travel trailer dealer be in the same county as the principal place of business or an Iowa county
adjacent thereto. Iowa Code § 29C.6 (6).

 

SECTION 14. I do hereby suspend the regulatory provisions of Iowa Code section §
321H.2(3) and Iowa Code § 321H.4(2) prescribing a separate license be obtained by an affected
recycler for each county in which an affected recycler conducts business and waive the
requirement for a separate license to be obtained by an affected recycler who has established an
extension lot to cope with said emergency and waive the requirement that such extension be in
the same county as the principal place of business or an Iowa county adjacent thereto. Iowa
Code § 29C.6 (6).

 

SECTION 15. The suspensions listed in sections “eight” to “eleven” above apply to
original certificates of title, registration cards, plates or pairs of plates, driver’s licenses or non-
operator’s identification cards issued in any of the counties of Iowa, and may be relied upon by
the treasurers of any of the counties of Iowa, so long as the respective loss, destruction, or

illegibility occurred in any one of the disaster counties as a result of the above-described severe
weather and flooding.

 

SECTION 16. This state of disaster emergency shall be effective on July 10, 2019, shall
continue for thirty (30) days, and shall expire on August 9, 2019, unless sooner terminated or
extended in writing by me. Iowa Code § 29C.6 (1).

 

IN TESTIMONY WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND CAUSED THE GREAT SEAL OF THE STATE OF IOWA

TO BE AFFIXED AT DES MOINES, IOWA THIS NINTH DAY OF JULY IN THE YEAR OF OUR LORD TWO THOUSAND NINETEEN.


__________________________________
KIMBERLY K. REYNOLDS
GOVERNOR OF IOWA

 

ATTEST:
_________________________________
PAUL D. PATE
SECRETARY OF STATE

 

 

Link to PDF of July 11, 2019, proclamation.