Bill Text: IA SF442 | 2019-2020 | 88th General Assembly | Amended
Bill Title: A bill for an act relating to authorized emergency vehicles, and making penalties applicable. (Formerly SSB 1090.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-03-02 - Subcommittee recommends passage. [SF442 Detail]
Download: Iowa-2019-SF442-Amended.html
Senate
File
442
-
Reprinted
SENATE
FILE
442
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SSB
1090)
(As
Amended
and
Passed
by
the
Senate
March
25,
2019
)
A
BILL
FOR
An
Act
relating
to
authorized
emergency
vehicles,
and
making
1
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
SF
442
(3)
88
ns/rh/mb
S.F.
442
Section
1.
Section
321.231,
subsection
1,
Code
2019,
is
1
amended
to
read
as
follows:
2
1.
The
driver
of
an
authorized
emergency
vehicle,
when
3
responding
to
an
emergency
call
or
when
in
the
pursuit
of
an
4
actual
or
suspected
perpetrator
of
a
felony
or
misdemeanor,
or
5
in
response
to
an
incident
dangerous
to
the
public
,
or
when
6
responding
to
but
not
upon
returning
from
a
fire
alarm,
may
7
exercise
the
privileges
set
forth
in
this
section
.
8
Sec.
2.
Section
321.231,
subsection
2,
Code
2019,
is
amended
9
by
adding
the
following
new
paragraphs:
10
NEW
PARAGRAPH
.
c.
Drive
the
vehicle
on
the
shoulder
or
11
median
of
a
highway.
12
NEW
PARAGRAPH
.
d.
Disregard
laws
or
regulations
governing
13
turning
the
vehicle
in
specified
directions.
14
NEW
PARAGRAPH
.
e.
Disregard
laws
or
regulations
governing
15
overtaking
or
passing
other
motorists.
16
Sec.
3.
Section
321.231,
subsections
3
and
4,
Code
2019,
are
17
amended
to
read
as
follows:
18
3.
The
driver
of
a
an
official
fire
department
vehicle,
19
police
vehicle,
rescue
vehicle,
or
ambulance,
or
emergency
20
medical
services
vehicle,
or
a
peace
officer
riding
a
police
21
bicycle
in
the
line
of
duty,
may
do
any
of
the
following:
22
a.
Proceed
past
a
red
or
stop
signal
or
stop
sign,
but
only
23
after
slowing
down
as
may
be
at
a
speed
deemed
necessary
for
24
safe
operation
by
the
driver
based
on
information
known
to
the
25
driver
at
the
time
.
26
b.
Exceed
the
maximum
speed
limits
so
long
as
the
driver
27
does
not
recklessly
endanger
life
or
property.
28
4.
a.
The
exemptions
granted
to
the
driver
of
an
authorized
29
emergency
vehicle
under
subsection
2
and
to
a
the
driver
of
30
an
official
fire
department
vehicle,
police
vehicle,
rescue
31
vehicle,
or
ambulance
,
or
emergency
medical
services
vehicle
as
32
provided
in
subsection
3
shall
apply
only
when
such
vehicle
is
33
making
use
of
an
audible
signaling
warning
device
meeting
the
34
requirements
of
section
321.433
or
a
visual
signaling
device
,
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except
that
use
of
an
audible
or
visual
signaling
device
shall
1
not
be
required
when
exercising
the
authorized
under
this
2
chapter.
3
b.
The
exemption
granted
under
subsection
3
,
paragraph
4
“b”
,
when
the
vehicle
is
operated
by
a
peace
officer
shall
be
5
granted
to
a
peace
officer
or
reserve
peace
officer
operating
6
an
authorized
emergency
vehicle
without
using
an
audible
7
warning
device
or
visual
signaling
device
if
such
action
does
8
not
recklessly
endanger
the
life
of
the
officer
or
the
vehicle,
9
and
if
the
officer
is
pursuing
a
suspected
violator
of
the
10
speed
restrictions
imposed
by
or
pursuant
to
this
chapter
11
for
the
purpose
of
determining
the
speed
of
travel
of
such
12
suspected
violator
,
or
if
the
officer
reasonably
believes
based
13
on
the
facts
and
circumstances
at
the
time
that
a
suspected
14
violator’s
knowledge
of
the
officer’s
proximity
may
cause
the
15
suspected
violator
to
destroy
evidence
of
a
suspected
felony
16
or
aggravated
misdemeanor,
evade
apprehension,
or
endanger
the
17
public
or
the
officer
.
18
c.
The
exemption
granted
under
subsection
3,
paragraph
19
“b”
,
shall
be
granted
to
the
driver
of
an
authorized
emergency
20
vehicle
transporting
a
patient
to
a
hospital
while
using
21
a
visual
signaling
device
but
without
using
an
audible
22
warning
device
if
a
certified
emergency
medical
care
provider
23
reasonably
believes
the
patient’s
condition
warrants
limited
24
use
of
the
vehicle’s
audible
warning
device,
provided
the
25
driver
activates
the
vehicle’s
audible
warning
device
when
26
necessary
to
warn
motorists
or
pedestrians
of
the
vehicle’s
27
approach,
or
when
approaching
an
intersection.
28
Sec.
4.
Section
321.231,
Code
2019,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
3A.
A
peace
officer
operating
an
authorized
31
emergency
vehicle
may
execute
a
lawful
intervention
technique
32
if
such
execution
is
reasonable
under
the
circumstances
based
33
on
the
information
available
to
the
officer
at
the
time,
and
34
the
officer
has
completed
a
training
course
approved
by
the
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Iowa
law
enforcement
academy
that
instructs
participants
in
1
the
proper
execution
of
lawful
intervention
techniques.
For
2
purposes
of
this
subsection,
“lawful
intervention
technique”
3
means
a
method
by
which
a
peace
officer
operating
a
motor
4
vehicle
in
pursuit
of
a
fleeing
motor
vehicle
causes
or
5
attempts
to
cause
the
fleeing
motor
vehicle
to
stop.
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
13
is
approved
by
the
state
or
a
municipality,
as
defined
in
14
section
670.1,
and
notice
of
the
parade
or
event
is
publicly
15
disseminated
by
the
state
or
municipality
in
the
area
where
the
16
parade
or
event
will
occur
at
least
five
days
prior
to
the
date
17
on
which
the
parade
or
event
will
occur.
18
2.
Notwithstanding
any
provision
of
law
to
the
contrary,
an
19
authorized
emergency
vehicle
operating
in
a
parade
or
event
may
20
display
any
of
the
vehicle’s
lighting
devices.
This
subsection
21
shall
not
be
construed
to
exempt
the
driver
of
the
authorized
22
emergency
vehicle
from
any
duty
to
operate
the
vehicle
with
due
23
regard
for
the
safety
of
all
persons.
24
Sec.
6.
NEW
SECTION
.
321.231B
Authorized
emergency
vehicles
25
——
immunity
from
liability.
26
1.
The
following
shall
not
be
liable
for
any
injury
or
loss
27
arising
from
the
operation
of
an
authorized
emergency
vehicle
28
in
response
to
an
emergency
call
or
to
an
incident
dangerous
to
29
the
public
unless
the
driver
operates
the
authorized
emergency
30
vehicle
with
reckless
disregard
for
the
safety
of
persons
or
31
property:
32
a.
A
fire
fighter
operating
the
authorized
emergency
33
vehicle
who
is
certified
by
the
fire
service
training
bureau,
34
as
described
in
section
100B.6,
as
a
fire
apparatus
driver
or
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operator
and
who
has
completed
an
emergency
vehicle
operations
1
course
and
any
applicable
continuing
education
requirements
2
established
or
approved
by
the
fire
service
training
bureau.
3
b.
An
emergency
medical
care
provider,
as
defined
in
4
section
147A.1,
operating
the
authorized
emergency
vehicle
who
5
has
completed
an
emergency
vehicle
operations
course
and
any
6
applicable
continuing
education
requirements
established
or
7
approved
by
the
department
of
public
health.
8
c.
A
peace
officer,
as
defined
in
section
801.4,
or
a
9
reserve
peace
officer,
as
defined
in
section
80D.1A,
operating
10
the
authorized
emergency
vehicle
who
has
completed
an
emergency
11
vehicle
operations
course
and
any
applicable
continuing
12
education
requirements
established
or
approved
by
the
Iowa
law
13
enforcement
academy.
14
d.
Any
entity
on
whose
behalf
the
fire
fighter,
emergency
15
medical
care
provider,
peace
officer,
or
reserve
peace
officer
16
is
operating
the
authorized
emergency
vehicle.
17
2.
The
protections
from
liability
set
forth
in
subsection
18
1
apply
only
when,
in
response
to
an
emergency
call
or
to
an
19
incident
dangerous
to
the
public,
the
driver
operating
the
20
authorized
emergency
vehicle
is
utilizing
a
siren
meeting
the
21
requirements
of
section
321.433
or
flashing
blue
and
red
lights
22
authorized
under
this
chapter.
The
protections
from
liability
23
provided
by
subsection
1
apply
in
addition
to
any
other
defense
24
to
liability
provided
by
law.
25
3.
a.
The
driver
of
an
authorized
emergency
vehicle,
26
and
any
entity
on
whose
behalf
the
driver
is
operating
the
27
authorized
emergency
vehicle,
shall
not
be
liable
for
any
28
injury
or
loss
arising
from
the
operation
of
the
authorized
29
emergency
vehicle
unless
reckless
disregard
for
the
safety
of
30
persons
or
property
is
proven
by
clear
and
convincing
evidence.
31
b.
If
a
person
brings
a
tort
claim
against
the
driver
of
32
an
authorized
emergency
vehicle,
a
municipality,
as
defined
in
33
section
670.1,
this
state,
or
any
other
entity
on
whose
behalf
34
the
driver
is
operating
the
authorized
emergency
vehicle,
for
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any
injury
or
loss
arising
from
the
operation
of
the
authorized
1
emergency
vehicle,
the
court
shall
determine,
on
motion
by
any
2
party
or
on
its
own
motion,
whether
the
person
has
presented
3
sufficient,
admissible
evidence
to
support
a
prima
facie
4
finding
of
reckless
disregard
for
the
safety
of
persons
or
5
property,
before
the
matter
proceeds
to
trial.
6
Sec.
7.
Section
321.324A,
Code
2019,
is
amended
by
adding
7
the
following
new
subsection:
8
NEW
SUBSECTION
.
4.
a.
The
driver
of
an
authorized
9
emergency
vehicle
may
operate
the
vehicle
as
part
of
a
funeral
10
procession
if
approved
by
each
municipality,
as
defined
in
11
section
670.1,
in
which
the
funeral
procession
occurs.
12
b.
Notwithstanding
any
provision
of
law
to
the
contrary,
an
13
authorized
emergency
vehicle
operating
in
a
funeral
procession
14
may
display
any
of
the
vehicle’s
lighting
devices.
This
15
subsection
shall
not
be
construed
to
exempt
the
driver
of
the
16
authorized
emergency
vehicle
from
any
duty
to
operate
the
17
vehicle
with
due
regard
for
the
safety
of
all
persons.
18
Sec.
8.
Section
321.433,
Code
2019,
is
amended
to
read
as
19
follows:
20
321.433
Sirens,
whistles,
air
horns,
and
bells
prohibited.
21
1.
A
vehicle
shall
not
be
equipped
with
and
a
person
shall
22
not
use
upon
a
vehicle
any
siren,
whistle,
or
bell,
except
as
23
otherwise
permitted
in
this
section
or
any
other
provision
of
24
law
.
25
2.
It
is
permissible
but
not
required
that
any
commercial
26
vehicle
be
equipped
with
a
theft
alarm
signal
device
which
is
27
so
arranged
that
it
cannot
be
used
by
the
driver
as
an
ordinary
28
warning
signal.
29
3.
Any
authorized
emergency
vehicle
may
be
equipped
with
30
a
siren,
whistle,
air
horn,
or
bell
capable
of
emitting
sound
31
audible
under
normal
conditions
from
a
distance
of
not
less
32
than
five
hundred
feet
,
but
the
.
33
4.
An
authorized
emergency
medical
services
program,
fire
34
department,
or
law
enforcement
agency
may
equip
one
or
more
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vehicles
with
an
air
horn.
1
5.
An
official
fire
department
vehicle,
emergency
medical
2
services
program
vehicle,
or
law
enforcement
vehicle
owned
3
by
the
state,
a
municipality,
as
defined
in
section
670.1,
4
or
a
corporation
providing
emergency
medical
services
to
5
a
municipality
pursuant
to
a
written
contract,
that
was
6
purchased,
delivered,
or
refurbished
on
or
after
July
1,
7
2019,
excluding
an
all-terrain
vehicle
or
a
special
service
8
vehicle,
shall
be
equipped
with
a
two-hundred-watt
electric
9
or
electronic
siren
capable
of
emitting
at
least
two
distinct
10
siren
tones,
and
one
or
more
compatible
siren
speakers.
11
6.
An
authorized
emergency
vehicle’s
siren,
whistle,
or
12
bell
shall
not
be
used
except
when
the
vehicle
is
operated
in
13
response
to
an
emergency
call
or
an
incident
dangerous
to
the
14
public,
in
a
parade
or
designated
public
service
event,
for
a
15
demonstration,
for
maintenance,
or
in
the
immediate
pursuit
of
16
an
actual
or
suspected
violator
of
the
law,
and
the
driver
of
17
the
vehicle
shall
sound
the
siren,
whistle,
or
bell
when
the
18
driver
reasonably
believes
necessary
to
warn
pedestrians
and
19
other
drivers
of
the
approach
of
the
vehicle.
20
7.
For
purposes
of
this
section:
21
a.
“Electric
siren”
means
an
audible
warning
device
that
22
produces
sound
using
an
electric
motor
with
an
attached
23
rotating
slotted
or
perforated
disc.
24
b.
“Electronic
siren”
means
an
audible
warning
device
25
that
produces
sound
electronically
using
amplifiers
and
26
electromagnetic
speakers.
27
Sec.
9.
Section
321.451,
subsection
1,
Code
2019,
is
amended
28
by
adding
the
following
new
paragraphs:
29
NEW
PARAGRAPH
.
g.
A
vehicle
owned
by
a
certified
chief
or
30
certified
chief
officer
of
a
volunteer
fire
department,
a
fire
31
department
comprised
of
a
combination
of
volunteer
and
paid
32
members,
or
a
nonprofit
corporation
that
delivers
emergency
33
services
on
behalf
of
a
municipality,
as
defined
in
section
34
670.1,
pursuant
to
a
written
contract,
if
the
application
for
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a
certificate
of
designation
is
requested
by
the
chief
of
the
1
fire
department.
However,
the
department
shall
not
approve
2
an
application
received
pursuant
to
this
paragraph
unless
3
the
owner
of
the
vehicle
has
completed
an
emergency
vehicle
4
operations
course
approved
by
the
fire
service
training
bureau,
5
as
described
in
section
100B.6,
provided
proof
of
certification
6
as
a
fire
officer,
and
provided
proof
of
financial
liability
7
coverage
or
risk
pool
coverage.
8
NEW
PARAGRAPH
.
h.
A
vehicle
owned
by
a
chief
or
medical
9
director
of
an
authorized
emergency
medical
service
provider,
10
if
the
application
for
a
certificate
of
designation
is
11
requested
by
the
chief
of
the
authorized
emergency
medical
12
service
provider.
However,
the
department
shall
not
approve
13
an
application
received
pursuant
to
this
paragraph
unless
14
the
owner
of
the
vehicle
has
completed
an
emergency
vehicle
15
operations
course
approved
by
the
department
of
public
health,
16
and
provided
proof
of
financial
liability
coverage
or
risk
pool
17
coverage.
18
Sec.
10.
Section
321.451,
Code
2019,
is
amended
by
adding
19
the
following
new
subsections:
20
NEW
SUBSECTION
.
4.
A
public
or
private
employer
shall
21
not
require
an
employee
or
volunteer
to
apply
for
or
maintain
22
a
certificate
of
designation
pursuant
to
this
section
as
a
23
condition
of
employment
or
of
permitting
the
person
to
continue
24
to
volunteer.
A
person
shall
not
be
required
to
operate
or
25
use
a
vehicle
designated
as
an
authorized
emergency
vehicle
26
pursuant
to
this
section.
27
NEW
SUBSECTION
.
5.
This
section
shall
not
be
construed
28
to
exempt
the
state
or
a
municipality,
as
defined
in
section
29
670.1,
from
any
duty
to
purchase,
equip,
maintain,
or
otherwise
30
provide
authorized
emergency
vehicles
to
meet
any
requirement
31
to
provide
public
services,
including
law
enforcement,
fire
32
protection,
rescue,
or
emergency
medical
services.
33
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