Senate File 411 - Introduced



                                       SENATE FILE       
                                       BY  GRONSTAL AND IVERSON

                                       (COMPANION TO LSB 3623HH
                                        BY MURPHY AND GIPP)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the applicability of motor vehicle financial
  2    responsibility provisions to special mobile equipment and
  3    providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 3623SS 81
  6 dea/pj/5

PAG LIN



  1  1    Section 1.  Section 321A.1, subsections 3 and 5, Code 2005,
  1  2 are amended to read as follows:
  1  3    3.  JUDGMENT.  A judgment which has become final by
  1  4 expiration without appeal during the time within which an
  1  5 appeal might have been perfected, or a judgment if an appeal
  1  6 from the judgment has been perfected, which has not been
  1  7 stayed by the execution, filing and approval of a bond as
  1  8 provided in rule of appellate procedure 6.7(1), or a judgment
  1  9 which has become final by affirmation on appeal, rendered by a
  1 10 court of competent jurisdiction of a state or of the United
  1 11 States, upon a cause of action arising out of the ownership,
  1 12 maintenance, or use of a motor vehicle, except special mobile
  1 13 equipment as defined in this section, for damages, including
  1 14 damages for care and loss of services, because of bodily
  1 15 injury to or death of a person, or for damages because of
  1 16 injury to or destruction of property, including the loss of
  1 17 use of property, or upon a cause of action on an agreement of
  1 18 settlement for such damages.
  1 19    5.  MOTOR VEHICLE.  "Motor vehicle" means every vehicle
  1 20 which is self=propelled, but not including vehicles known as
  1 21 trackless trolleys which are propelled by electric power
  1 22 obtained from overhead trolley wires, but and not operated
  1 23 upon rails.  The term "car" or "automobile" shall be
  1 24 synonymous with the term "motor vehicle".  "Motor vehicle"
  1 25 does not include special mobile equipment as defined in this
  1 26 section.
  1 27    Sec. 2.  Section 321A.1, Code 2005, is amended by adding
  1 28 the following new subsection:
  1 29    NEW SUBSECTION.  12A.  SPECIAL MOBILE EQUIPMENT.  "Special
  1 30 mobile equipment" means every self=propelled road construction
  1 31 vehicle, road maintenance vehicle, and ditch=digging apparatus
  1 32 not designed or used primarily for the transportation of
  1 33 persons or property and incidentally operated or moved over
  1 34 the highways.
  1 35    Sec. 3.  Section 321A.6, Code 2005, is amended by adding
  2  1 the following new subsection:
  2  2    NEW SUBSECTION.  5.  To the operator or owner of special
  2  3 mobile equipment.
  2  4    Sec. 4.  IMPLEMENTATION.  The department may adopt rules
  2  5 pursuant to chapter 17A as necessary to implement and
  2  6 administer this Act.
  2  7    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  2  8 immediate importance, takes effect upon enactment.
  2  9                           EXPLANATION
  2 10    This bill exempts special mobile equipment from the
  2 11 provisions of Code chapter 321A relating to motor vehicle
  2 12 financial responsibility.  Under that Code chapter, the state
  2 13 department of transportation is required to suspend the
  2 14 driver's license of each operator and the registrations of
  2 15 each owner of a motor vehicle involved in an accident
  2 16 resulting in bodily injury or death or damage to property in
  2 17 excess of $1,000, unless proof of financial responsibility is
  2 18 established for the owner or operator or both.  Under the
  2 19 bill, that requirement will no longer apply to owners and
  2 20 operators of special mobile equipment.
  2 21    The bill defines "special mobile equipment" as every self=
  2 22 propelled road construction vehicle, road maintenance vehicle,
  2 23 and ditch=digging apparatus not designed or used primarily for
  2 24 the transportation of persons or property and incidentally
  2 25 operated or moved over the highways.  The definition of "motor
  2 26 vehicle", as it applies in Code chapter 321A, is amended to
  2 27 exclude special mobile equipment.
  2 28 LSB 3623SS 81
  2 29 dea:nh/pj/5