Senate File 72 - Introduced
SENATE FILE 72
BY COURNOYER
A BILL FOR
1 An Act relating to authorized emergency vehicles, making
2 penalties applicable, and including effective date and
3 applicability provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 321.231, subsection 1, Code 2021, is
2 amended to read as follows:
3 1. The driver of an authorized emergency vehicle, when
4 responding to an emergency call or when in the pursuit of an
5 actual or suspected perpetrator of a felony or misdemeanor, or
6 in response to an incident dangerous to the public, or when
7 responding to but not upon returning from a fire alarm, may
8 exercise the privileges set forth in this section.
9 Sec. 2. Section 321.231, subsection 2, Code 2021, is amended
10 by adding the following new paragraphs:
11 NEW PARAGRAPH. c. Drive the vehicle on the shoulder or
12 median of a highway.
13 NEW PARAGRAPH. d. Disregard laws or regulations governing
14 turning the vehicle in specified directions.
15 NEW PARAGRAPH. e. Disregard laws or regulations governing
16 overtaking or passing other motorists.
17 Sec. 3. Section 321.231, subsections 3 and 4, Code 2021, are
18 amended to read as follows:
19 3. The driver of a an official fire department vehicle,
20 police vehicle, rescue vehicle, or ambulance, or emergency
21 medical services vehicle, or a peace officer riding a police
22 bicycle in the line of duty, may do any of the following:
23 a. Proceed past a red or stop signal or stop sign, but only
24 after slowing down as may be to a speed deemed necessary for
25 safe operation by the driver based on information known to the
26 driver at the time.
27 b. Exceed the maximum speed limits so long as the driver
28 does not recklessly endanger life or property.
29 4. a. The exemptions granted to the driver of an authorized
30 emergency vehicle under subsection 2 and to a the driver of
31 an official fire department vehicle, police vehicle, rescue
32 vehicle, or ambulance, or emergency medical services vehicle as
33 provided in subsection 3 shall apply only when such vehicle is
34 making use of an audible signaling warning device meeting the
35 requirements of section 321.433 or a visual signaling device,
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1 except that use of an audible or visual signaling device shall
2 not be required when exercising the authorized under this
3 chapter.
4 b. The exemption granted under subsection 3, paragraph
5 “b”, when the vehicle is operated by a peace officer shall be
6 granted to a peace officer or reserve peace officer operating
7 an authorized emergency vehicle without using an audible
8 warning device or visual signaling device if such action occurs
9 over the shortest distance necessary, does not recklessly
10 endanger persons or property, and if the officer is pursuing
11 a suspected violator of the speed restrictions imposed by or
12 pursuant to this chapter for the purpose of determining the
13 speed of travel of such suspected violator, or if the officer
14 reasonably believes based on the facts and circumstances
15 at the time that a suspected violator’s knowledge of the
16 officer’s proximity may cause the suspected violator to destroy
17 evidence of a suspected felony or aggravated misdemeanor, evade
18 apprehension, or endanger the public or the officer.
19 c. The exemption granted under subsection 3, paragraph
20 “b”, shall be granted to the driver of an authorized emergency
21 vehicle transporting a patient to a hospital without using
22 a visual signaling device or audible warning device if a
23 certified emergency medical care provider reasonably believes
24 the patient’s condition warrants rapid transport.
25 Sec. 4. Section 321.231, Code 2021, is amended by adding the
26 following new subsection:
27 NEW SUBSECTION. 3A. A peace officer operating an authorized
28 emergency vehicle may execute a pursuit intervention technique
29 if such execution is reasonable under the circumstances based
30 on the information perceived by the officer at the time, and
31 the officer has completed a training course approved by the
32 Iowa law enforcement academy that instructs participants in
33 the proper execution of pursuit intervention techniques. For
34 purposes of this subsection, “pursuit intervention technique”
35 means a method by which a peace officer operating a motor
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1 vehicle in pursuit of a fleeing motor vehicle causes or
2 attempts to cause the fleeing motor vehicle to stop, including
3 by use of reasonable force. This subsection shall not be
4 construed to limit a peace officer’s objectively reasonable use
5 of force in connection with a pursuit.
6 Sec. 5. NEW SECTION. 321.231A Authorized emergency vehicles
7 —— parades and events.
8 1. The driver of an authorized emergency vehicle may operate
9 the vehicle as part of an official governmental event for the
10 purposes of the safety and security of an elected official,
11 candidate for public office, or the public, or as part of a
12 parade or other public service event if the parade or event is
13 approved by the state or a municipality, as defined in section
14 670.1, at least one day prior to the date on which the parade or
15 event will occur.
16 2. Notwithstanding any provision of law to the contrary, an
17 authorized emergency vehicle operating in a parade or event may
18 display any of the vehicle’s lighting devices. This subsection
19 shall not be construed to exempt the driver of the authorized
20 emergency vehicle from any duty to operate the vehicle with due
21 regard for the safety of all persons.
22 Sec. 6. NEW SECTION. 321.231B Authorized emergency vehicles
23 —— immunity from liability.
24 1. The following shall not be liable for the consequence of
25 any injury or loss arising from the operation of an authorized
26 emergency vehicle in response to an emergency call or to an
27 incident dangerous to the public unless the driver operates the
28 authorized emergency vehicle with reckless disregard for the
29 safety of persons or property:
30 a. A fire fighter operating the authorized emergency
31 vehicle who is certified by the fire service training bureau,
32 as described in section 100B.6, as a fire apparatus driver
33 operator, or an operator who has completed an emergency vehicle
34 operations course and any applicable continuing education
35 requirements established or approved by the fire service
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1 training bureau.
2 b. An emergency medical care provider, as defined in
3 section 147A.1, operating the authorized emergency vehicle who
4 has completed an emergency vehicle operations course and any
5 applicable continuing education requirements established or
6 approved by the department of public health.
7 c. A peace officer, as defined in section 801.4, or a
8 reserve peace officer, as defined in section 80D.1A, operating
9 the authorized emergency vehicle who has completed an emergency
10 vehicle operations course and any applicable continuing
11 education requirements established or approved by the Iowa law
12 enforcement academy.
13 d. An emergency management agency employee operating the
14 authorized emergency vehicle who has completed an emergency
15 vehicle operations course and any applicable continuing
16 education requirements established or approved by the local or
17 joint emergency management commission, and where the local or
18 joint emergency management commission has adopted a written
19 policy related to emergency vehicle operations. For purposes
20 of this paragraph, “emergency management agency employee” means
21 a member of the personnel, including but not limited to the
22 coordinator, an operations officer, or an emergency management
23 assistant, of a local or joint emergency management commission.
24 e. Any entity, including a nonprofit corporation, on whose
25 behalf the fire fighter, emergency medical care provider, peace
26 officer, reserve peace officer, or emergency management agency
27 employee is operating the authorized emergency vehicle.
28 2. The protections from liability set forth in subsection
29 1 apply only when, in response to an emergency call or to an
30 incident dangerous to the public, the driver operating the
31 authorized emergency vehicle is utilizing a siren meeting the
32 requirements of section 321.433 or flashing blue and red lights
33 authorized under this chapter. The protections from liability
34 provided by subsection 1 apply in addition to any other defense
35 to liability provided by law. This section shall not be
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1 construed to lower the standard of recklessness to recover
2 against any entity or authorized emergency vehicle driver.
3 3. a. The driver of an authorized emergency vehicle,
4 and any entity on whose behalf the driver is operating the
5 authorized emergency vehicle, shall not be liable for any
6 injury or loss arising from the operation of the authorized
7 emergency vehicle unless reckless disregard for the safety
8 of persons or property is proven by a preponderance of the
9 evidence.
10 b. If a person brings a tort claim against the driver of
11 an authorized emergency vehicle, a municipality, as defined in
12 section 670.1, this state, or any other entity on whose behalf
13 the driver is operating the authorized emergency vehicle, for
14 any injury or loss arising from the operation of the authorized
15 emergency vehicle, the court shall determine, on motion by any
16 party or on its own motion, whether the person has presented
17 sufficient, admissible evidence to support a prima facie
18 finding of recklessness before the matter proceeds to trial.
19 Sec. 7. Section 321.324A, Code 2021, is amended by adding
20 the following new subsection:
21 NEW SUBSECTION. 3A. a. The driver of an authorized
22 emergency vehicle may operate the vehicle as part of a funeral
23 procession, and a peace officer may provide traffic control
24 relating to a funeral procession upon request or when necessary
25 for the safety of all persons.
26 b. Notwithstanding any provision of law to the contrary, an
27 authorized emergency vehicle operating in a funeral procession
28 or for traffic control relating to a funeral procession may
29 display any of the vehicle’s lighting devices. This subsection
30 shall not be construed to exempt the driver of the authorized
31 emergency vehicle from any duty to operate the vehicle with due
32 regard for the safety of all persons.
33 Sec. 8. Section 321.433, Code 2021, is amended to read as
34 follows:
35 321.433 Sirens, whistles, air horns, and bells prohibited.
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1 1. A vehicle shall not be equipped with and a person shall
2 not use upon a vehicle any siren, whistle, or bell, except as
3 otherwise permitted in this section or any other provision of
4 law.
5 2. It is permissible but not required that any commercial
6 vehicle be equipped with a theft alarm signal device which is
7 so arranged that it cannot be used by the driver as an ordinary
8 warning signal.
9 3. Any authorized emergency vehicle may be equipped with
10 a siren, whistle, air horn, or bell capable of emitting sound
11 audible under normal conditions from a distance of not less
12 than five hundred feet, but the.
13 4. An authorized emergency medical services program, fire
14 department, or law enforcement agency may equip one or more
15 vehicles with an air horn or a low-frequency siren.
16 5. An official fire department vehicle, emergency medical
17 services program vehicle, or law enforcement vehicle owned
18 by the state, a municipality, as defined in section 670.1,
19 or a corporation providing emergency medical services to
20 a municipality pursuant to a written contract, that was
21 purchased, delivered, or refurbished on or after July 1,
22 2021, excluding an all-terrain vehicle or a special service
23 vehicle, shall be equipped with a two-hundred-watt electric
24 or electronic siren capable of emitting at least two distinct
25 siren tones, and one or more compatible siren speakers.
26 6. An authorized emergency vehicle’s siren, whistle,
27 air horn, or bell shall not be used except when the vehicle
28 is operated in response to an emergency call or an incident
29 dangerous to the public, in a parade or designated public
30 service event, for a demonstration, for maintenance, or in
31 the immediate pursuit of an actual or suspected violator of
32 the law, and the driver of the vehicle shall sound the siren,
33 whistle, air horn, or bell when the driver reasonably believes
34 necessary to warn pedestrians and other drivers of the approach
35 of the vehicle.
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1 7. For purposes of this section:
2 a. “Electric siren” means an audible warning device that
3 produces sound using an electric motor with an attached
4 rotating slotted or perforated disc.
5 b. “Electronic siren” means an audible warning device
6 that produces sound electronically using amplifiers and
7 electromagnetic speakers.
8 c. “Low-frequency siren” means a siren that produces
9 low-frequency sound waves and is used in addition to an
10 electric or electronic siren.
11 Sec. 9. Section 321.451, subsection 1, Code 2021, is amended
12 by adding the following new paragraphs:
13 NEW PARAGRAPH. g. A vehicle owned by a certified chief or
14 certified fire officer of a volunteer fire department, a fire
15 department comprised of a combination of volunteer and paid
16 members, or a nonprofit corporation that delivers emergency
17 services on behalf of a municipality, as defined in section
18 670.1, pursuant to a written contract, if the application for a
19 certificate of designation is requested by the certified chief
20 or certified fire officer of the fire department. However, the
21 department shall not approve an application received pursuant
22 to this paragraph unless the owner of the vehicle has completed
23 an emergency vehicle operations course approved by the fire
24 service training bureau, as described in section 100B.6,
25 provided proof of certification as a fire officer, and provided
26 proof of financial liability coverage or risk pool coverage.
27 NEW PARAGRAPH. h. A vehicle owned by a chief, medical
28 director, or certified medical provider of an authorized
29 emergency medical service, if the application for a certificate
30 of designation is requested by the chief, medical officer, or
31 medical director of the authorized emergency medical service.
32 However, the department shall not approve an application
33 received pursuant to this paragraph unless the owner of the
34 vehicle has completed an emergency vehicle operations course
35 approved by the department of public health, and provided proof
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1 of financial liability coverage or risk pool coverage.
2 Sec. 10. Section 321.451, Code 2021, is amended by adding
3 the following new subsections:
4 NEW SUBSECTION. 4. A public or private entity shall not
5 require an employee or volunteer to apply for or maintain
6 a certificate of designation pursuant to this section as a
7 condition of employment or of permitting the person to continue
8 to volunteer. A person shall not be required to operate or
9 use a vehicle designated as an authorized emergency vehicle
10 pursuant to this section.
11 NEW SUBSECTION. 5. This section shall not be construed
12 to exempt the state or a municipality, as defined in section
13 670.1, from any duty to purchase, equip, maintain, or otherwise
14 provide authorized emergency vehicles to meet any requirement
15 to provide public services, including law enforcement, fire
16 protection, rescue, or emergency medical services.
17 Sec. 11. EFFECTIVE DATE. This Act, being deemed of
18 immediate importance, takes effect upon enactment.
19 Sec. 12. APPLICABILITY. The following applies to causes of
20 action accrued on or after the effective date of this Act:
21 The section of this Act enacting section 321.231B.
22 EXPLANATION
23 The inclusion of this explanation does not constitute agreement with
24