House File 870       

                            AN ACT
RELATING TO THE APPLICABILITY OF MOTOR VEHICLE FINANCIAL
   RESPONSIBILITY PROVISIONS TO SPECIAL MOBILE EQUIPMENT AND
   PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 321A.1, subsections 3 and 5, Code 2005,
are amended to read as follows:
   3.  JUDGMENT.  A judgment which has become final by
expiration without appeal during the time within which an
appeal might have been perfected, or a judgment if an appeal
from the judgment has been perfected, which has not been
stayed by the execution, filing and approval of a bond as
provided in rule of appellate procedure 6.7(1), or a judgment
which has become final by affirmation on appeal, rendered by a
court of competent jurisdiction of a state or of the United
States, upon a cause of action arising out of the ownership,
maintenance, or use of a motor vehicle, as defined in this
section, for damages, including damages for care and loss of
services, because of bodily injury to or death of a person, or
for damages because of injury to or destruction of property,
including the loss of use of property, or upon a cause of
action on an agreement of settlement for such damages.
   5.  MOTOR VEHICLE.  "Motor vehicle" means every vehicle
which is self=propelled, but not including vehicles known as
trackless trolleys which are propelled by electric power
obtained from overhead trolley wires, but and not operated
upon rails.  The term "car" or "automobile" shall be
synonymous with the term "motor vehicle".  "Motor vehicle"
does not include special mobile equipment as defined in this
section.
   Sec. 2.  Section 321A.1, Code 2005, is amended by adding
the following new subsection:
   NEW SUBSECTION.  12A.  SPECIAL MOBILE EQUIPMENT.  "Special
mobile equipment" means every vehicle not designed or used
primarily for the transportation of persons or property and
incidentally operated or moved over the highways, including
road construction or maintenance machinery, ditch=digging
apparatus, and implements of husbandry as defined in section
321.1, subsection 32.  This description does not exclude other
vehicles which are within the general terms of this
subsection.
   Sec. 3.  Section 321A.6, Code 2005, is amended by adding
the following new subsection:
   NEW SUBSECTION.  5.  To the operator or owner of special
mobile equipment.
   Sec. 4.  IMPLEMENTATION.  The department may adopt rules
pursuant to chapter 17A as necessary to implement and
administer this Act.
   Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
immediate importance, takes effect upon enactment.


                                                            
                              CHRISTOPHER C. RANTS
                              Speaker of the House


                                                            
                              JOHN P. KIBBIE
                              President of the Senate

   I hereby certify that this bill originated in the House and
is known as House File 870, Eighty=first General Assembly.


                                                            
                              MARGARET THOMSON
                              Chief Clerk of the House
Approved                , 2005


                           
THOMAS J. VILSACK
Governor