HF 314 (LSB 1533HV (2) 87)

HOUSE FILE 314

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HSB 10)

A BILL FOR

An Act relating to the definition of utility maintenance vehicle.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.1, Code 2017, is amended by adding the following new subsections:
   NEW SUBSECTION.  89A.  “Utility maintenance vehicle” means a motor vehicle operated by an employee or contractor of an entity, including but not limited to the state, a political subdivision of the state, or any commission, department, or agency thereof, an electric cooperative association, or a public or private corporation, in connection with the provision of utility services.
   NEW SUBSECTION.  89B.  “Utility services” means cable, electric, natural gas, solid waste and recycling collection, telephone, telecommunication, water, and wastewater treatment services and includes but is not limited to the improvement, installation, maintenance, relocation, or repair of cables, fibers, pipes, utility poles, utility structures, wires, and associated right-of-way and other infrastructure associated with such services.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under Code section 321.323A, the driver of a motor vehicle approaching a stationary utility maintenance vehicle displaying flashing lights must approach the utility maintenance vehicle with due caution and make a lane change into a lane not adjacent to the utility maintenance vehicle, or if a lane change is impossible, prohibited by law, or unsafe, the driver must reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions and be prepared to stop. Under Code section 321.423, a utility maintenance vehicle is permitted to display flashing amber lights. “Utility maintenance vehicle” is not defined in the Code.
   This bill provides that “utility maintenance vehicle” means a motor vehicle operated by an employee or contractor of an entity, including but not limited to the state, a political subdivision of the state, or any commission, department, or agency thereof, an electric cooperative association, or a public or private corporation, in connection with the provision of utility services. The bill defines “utility services” to mean cable, electric, natural gas, solid waste and recycling collection, telephone, telecommunication, water, and wastewater treatment services and includes but is not limited to the improvement, installation, maintenance, relocation, or repair of cables, fibers, pipes, utility poles, utility structures, wires, and associated right-of-way and other infrastructure associated with such services.