Bill Text: IA HF721 | 2021-2022 | 89th General Assembly | Introduced

Iowa House Bill 721 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to authorized emergency vehicles, making penalties applicable, and including effective date and applicability provisions.(Formerly HSB 190.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2021-04-15 - Referred to Transportation. H.J. 965. [HF721 Detail]

Download: Iowa-2021-HF721-Introduced.html

House File 721 - Introduced HOUSE FILE 721 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 190) A BILL FOR An Act relating to authorized emergency vehicles, making 1 penalties applicable, and including effective date and 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2273HV (3) 89 th/ns

H.F. 721 Section 1. Section 321.231, subsection 1, Code 2021, 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 4 an actual or suspected perpetrator of a felony , aggravated 5 misdemeanor, or serious misdemeanor, or in response to an 6 incident dangerous to the public , or when responding to but not 7 upon returning from a fire alarm, may exercise the privileges 8 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, emergency medical 21 services vehicle, or emergency management vehicle, or a peace 22 officer riding a police bicycle in the line of duty, may do any 23 of the following: 24 a. Proceed past a red or stop signal or stop sign, but only 25 after slowing down as may be to a speed deemed necessary for 26 safe operation by the driver based on information known to the 27 driver at the time . 28 b. Exceed the maximum speed limits so long as the driver 29 does not recklessly endanger life or property. 30 4. a. The exemptions granted to the driver of an authorized 31 emergency vehicle under subsection 2 and to a the driver of 32 an official fire department vehicle, police vehicle, rescue 33 vehicle, or ambulance , emergency medical services vehicle, 34 or emergency management vehicle as provided in subsection 3 35 -1- LSB 2273HV (3) 89 th/ns 1/ 12

H.F. 721 shall apply only when such vehicle is making use of an audible 1 signaling warning device meeting the requirements of section 2 321.433 or a visual signaling device , except that use of an 3 audible or visual signaling device shall not be required when 4 exercising the authorized under this chapter. 5 b. The exemption granted under subsection 3 , paragraph 6 “b” , when the vehicle is operated by a peace officer shall be 7 granted to a peace officer or reserve peace officer operating 8 an authorized emergency vehicle without using an audible 9 warning device or visual signaling device if such action occurs 10 over the shortest distance necessary, does not recklessly 11 endanger persons or property, and if the officer is pursuing 12 a suspected violator of the speed restrictions imposed by or 13 pursuant to this chapter for the purpose of determining the 14 speed of travel of such suspected violator , or if the officer 15 reasonably believes based on the facts and circumstances 16 at the time that a suspected violator’s knowledge of the 17 officer’s proximity may cause the suspected violator to destroy 18 evidence of a suspected felony or aggravated misdemeanor, evade 19 apprehension, or endanger the public or the officer . 20 c. The exemption granted under subsection 3, paragraph 21 “b” , shall be granted to the driver of an authorized emergency 22 vehicle transporting a patient to a hospital without using 23 a visual signaling device or audible warning device if a 24 certified emergency medical care provider reasonably believes 25 the patient’s condition warrants rapid transport. 26 Sec. 4. Section 321.231, Code 2021, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 3A. A peace officer operating an authorized 29 emergency vehicle may execute a pursuit intervention technique 30 if such execution is reasonable under the circumstances based 31 on the information perceived by the officer at the time, and 32 the officer has completed a training course approved by the 33 Iowa law enforcement academy that instructs participants in 34 the proper execution of pursuit intervention techniques. For 35 -2- LSB 2273HV (3) 89 th/ns 2/ 12

H.F. 721 purposes of this subsection, “pursuit intervention technique” 1 means a method by which a peace officer operating a motor 2 vehicle in pursuit of a fleeing motor vehicle causes or 3 attempts to cause the fleeing motor vehicle to stop, including 4 by use of reasonable force. This subsection shall not be 5 construed to limit a peace officer’s objectively reasonable use 6 of force in connection with a pursuit. 7 Sec. 5. NEW SECTION . 321.231A Authorized emergency vehicles 8 —— parades and events. 9 1. The driver of an authorized emergency vehicle may operate 10 the vehicle as part of an official governmental event for the 11 purposes of the safety and security of an elected official, 12 candidate for public office, or the public, or as part of a 13 parade or other public service event if the parade or event is 14 approved by the state or a municipality, as defined in section 15 670.1, at least one day prior to the date on which the parade or 16 event will occur. 17 2. Notwithstanding any provision of law to the contrary, an 18 authorized emergency vehicle operating in a parade or event may 19 display any of the vehicle’s lighting devices. This subsection 20 shall not be construed to exempt the driver of the authorized 21 emergency vehicle from any duty to operate the vehicle with due 22 regard for the safety of all persons. 23 Sec. 6. NEW SECTION . 321.231B Authorized emergency vehicles 24 —— immunity from liability. 25 1. The following shall not be liable for the consequence of 26 any injury or loss arising from the operation of an authorized 27 emergency vehicle in response to an emergency call or to an 28 incident dangerous to the public unless the driver operates the 29 authorized emergency vehicle with reckless disregard for the 30 safety of persons or property: 31 a. A fire fighter operating the authorized emergency 32 vehicle who is certified by the fire service training bureau, 33 as described in section 100B.6, as a fire apparatus driver 34 operator, or an operator who has completed an emergency vehicle 35 -3- LSB 2273HV (3) 89 th/ns 3/ 12

H.F. 721 operations course and any applicable continuing education 1 requirements established or approved by the fire service 2 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. An emergency management agency employee operating the 15 authorized emergency vehicle who has completed an emergency 16 vehicle operations course and any applicable continuing 17 education requirements pursuant to section 29C.9, and where 18 the local or joint emergency management commission has adopted 19 a written policy related to emergency vehicle operations. 20 For purposes of this paragraph, “emergency management agency 21 employee” means a member of the personnel, including but not 22 limited to the coordinator, an operations officer, or an 23 emergency management assistant, of a local or joint emergency 24 management commission. 25 e. Any entity, including a nonprofit corporation, on whose 26 behalf the fire fighter, emergency medical care provider, peace 27 officer, reserve peace officer, or emergency management agency 28 employee is operating the authorized emergency vehicle. 29 2. The protections from liability set forth in subsection 30 1 apply only when, in response to an emergency call or to an 31 incident dangerous to the public, the driver operating the 32 authorized emergency vehicle is utilizing a siren meeting the 33 requirements of section 321.433 or flashing blue and red lights 34 authorized under this chapter. The protections from liability 35 -4- LSB 2273HV (3) 89 th/ns 4/ 12

H.F. 721 provided by subsection 1 apply in addition to any other defense 1 to liability provided by law. This section shall not be 2 construed to lower the standard of recklessness to recover 3 against any entity or authorized emergency vehicle driver. 4 3. The driver of an authorized emergency vehicle, and any 5 entity on whose behalf the driver is operating the authorized 6 emergency vehicle, shall not be liable for any injury or loss 7 arising from the operation of the authorized emergency vehicle 8 unless reckless disregard for the safety of persons or property 9 is proven by a preponderance of the evidence. 10 Sec. 7. Section 321.324A, Code 2021, is amended by adding 11 the following new subsection: 12 NEW SUBSECTION . 3A. a. The driver of an authorized 13 emergency vehicle may operate the vehicle as part of a funeral 14 procession, and a peace officer may provide traffic control 15 relating to a funeral procession upon request or when necessary 16 for the safety of all persons. 17 b. Notwithstanding any provision of law to the contrary, an 18 authorized emergency vehicle operating in a funeral procession 19 or for traffic control relating to a funeral procession 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. 8. Section 321.433, Code 2021, is amended to read as 25 follows: 26 321.433 Sirens, whistles, air horns, and bells prohibited. 27 1. A vehicle shall not be equipped with and a person shall 28 not use upon a vehicle any siren, whistle, or bell, except as 29 otherwise permitted in this section or any other provision of 30 law . 31 2. It is permissible but not required that any commercial 32 vehicle be equipped with a theft alarm signal device which is 33 so arranged that it cannot be used by the driver as an ordinary 34 warning signal. 35 -5- LSB 2273HV (3) 89 th/ns 5/ 12

H.F. 721 3. Any authorized emergency vehicle may be equipped with 1 a siren, whistle, air horn, or bell capable of emitting sound 2 audible under normal conditions from a distance of not less 3 than five hundred feet , but the . 4 4. An authorized emergency medical services program, fire 5 department, or law enforcement agency may equip one or more 6 vehicles with an air horn or a low-frequency siren. 7 5. An official fire department vehicle, emergency medical 8 services program vehicle, or law enforcement vehicle owned 9 by the state, a municipality, as defined in section 670.1, 10 or a corporation providing emergency medical services to 11 a municipality pursuant to a written contract, that was 12 purchased, delivered, or refurbished on or after July 1, 13 2021, excluding an all-terrain vehicle or a special service 14 vehicle, shall be equipped with a two-hundred-watt electric 15 or electronic siren capable of emitting at least two distinct 16 siren tones, and one or more compatible siren speakers. 17 6. An authorized emergency vehicle’s siren, whistle, 18 air horn, or bell shall not be used except when the vehicle 19 is operated in response to an emergency call or an incident 20 dangerous to the public, in a parade or designated public 21 service event, for a demonstration, for maintenance, or in 22 the immediate pursuit of an actual or suspected violator of 23 the law, and the driver of the vehicle shall sound the siren, 24 whistle, air horn, or bell when the driver reasonably believes 25 necessary to warn pedestrians and other drivers of the approach 26 of the vehicle. 27 7. For purposes of this section: 28 a. “Electric siren” means an audible warning device that 29 produces sound using an electric motor with an attached 30 rotating slotted or perforated disc. 31 b. “Electronic siren” means an audible warning device 32 that produces sound electronically using amplifiers and 33 electromagnetic speakers. 34 c. “Low-frequency siren” means a siren that produces 35 -6- LSB 2273HV (3) 89 th/ns 6/ 12

H.F. 721 low-frequency sound waves and is used in addition to an 1 electric or electronic siren. 2 Sec. 9. Section 321.451, subsection 1, Code 2021, is amended 3 by adding the following new paragraphs: 4 NEW PARAGRAPH . g. A vehicle owned by a certified chief or 5 certified fire officer of a volunteer fire department, a fire 6 department comprised of a combination of volunteer and paid 7 members, or a nonprofit corporation that delivers emergency 8 services on behalf of a municipality, as defined in section 9 670.1, pursuant to a written contract, if the application for a 10 certificate of designation is requested by the certified chief 11 or certified fire officer of the fire department. However, the 12 department shall not approve an application received pursuant 13 to this paragraph unless the owner of the vehicle has completed 14 an emergency vehicle operations course approved by the fire 15 service training bureau, as described in section 100B.6, 16 provided proof of certification as a fire officer, and provided 17 proof of financial liability coverage or risk pool coverage. 18 NEW PARAGRAPH . h. A vehicle owned by a chief, medical 19 director, or certified medical provider of an authorized 20 emergency medical service, if the application for a certificate 21 of designation is requested by the chief, medical officer, or 22 medical director of the authorized emergency medical service. 23 However, the department shall not approve an application 24 received pursuant to this paragraph unless the owner of the 25 vehicle has completed an emergency vehicle operations course 26 approved by the department of public health, and provided proof 27 of financial liability coverage or risk pool coverage. 28 Sec. 10. Section 321.451, Code 2021, is amended by adding 29 the following new subsections: 30 NEW SUBSECTION . 4. A public or private entity shall not 31 require an employee or volunteer to apply for or maintain 32 a certificate of designation pursuant to this section as a 33 condition of employment or of permitting the person to continue 34 to volunteer. A person shall not be required to operate or 35 -7- LSB 2273HV (3) 89 th/ns 7/ 12

H.F. 721 use a vehicle designated as an authorized emergency vehicle 1 pursuant to this section. 2 NEW SUBSECTION . 5. This section shall not be construed 3 to exempt the state or a municipality, as defined in section 4 670.1, from any duty to purchase, equip, maintain, or otherwise 5 provide authorized emergency vehicles to meet any requirement 6 to provide public services, including law enforcement, fire 7 protection, rescue, or emergency medical services. 8 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 9 immediate importance, takes effect upon enactment. 10 Sec. 12. APPLICABILITY. The following applies to causes of 11 action accrued on or after the effective date of this Act: 12 The section of this Act enacting section 321.231B. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 OPERATION IN EMERGENCY SITUATIONS. This bill allows the 17 driver of an authorized emergency vehicle to exercise the 18 privileges set forth in Code section 321.231 when in pursuit 19 of a perpetrator of an aggravated or serious misdemeanor, in 20 addition to the circumstances allowed under current law. Under 21 such circumstances, the bill allows the driver of an authorized 22 emergency vehicle to drive the vehicle on the shoulder or 23 median of a highway, to disregard laws or regulations governing 24 turning the vehicle in specified directions, and to disregard 25 laws or regulations governing overtaking or passing other 26 motorists. The bill also allows the drivers of official 27 fire department vehicles, police vehicles, rescue vehicles, 28 ambulances, emergency medical services vehicles, emergency 29 management vehicles, and peace officers riding a police 30 bicycle to proceed past a red or stop signal or stop sign, 31 but only after slowing down to a speed deemed necessary for 32 safe operation by the driver based on information known to the 33 driver at the time, and to exceed the maximum speed limits 34 so long as the driver does not recklessly endanger life or 35 -8- LSB 2273HV (3) 89 th/ns 8/ 12

H.F. 721 property. 1 Under current law, authorized emergency vehicles are 2 permitted to operate in this manner only when such vehicles are 3 making use of an audible or visual signaling device, except a 4 vehicle operated by a peace officer is not required to use an 5 audible or visual signaling device if the officer is pursuing a 6 suspected violator of a speed limit. The bill instead requires 7 the use of an audible warning or visual signaling device, and 8 provides that a peace officer is not required to use an audible 9 warning or visual signaling device if the officer reasonably 10 believes based on the facts and circumstances at the time that 11 a suspected violator’s knowledge of the officer’s proximity 12 may cause the suspected violator to destroy evidence of a 13 suspected felony or aggravated misdemeanor, evade apprehension, 14 or endanger the public or the officer. However, the bill 15 permits such action only if the action occurs over the shortest 16 distance necessary and does not recklessly endanger persons or 17 property. 18 The bill provides that the driver of an authorized emergency 19 vehicle transporting a patient to a hospital is not required 20 to use an audible warning or visual signaling device while 21 exceeding a speed limit if a certified emergency medical care 22 provider reasonably believes the patient’s condition warrants 23 rapid transport. 24 The bill further provides that a peace officer operating an 25 authorized emergency vehicle may execute a pursuit intervention 26 technique, as defined in the bill, if such execution is 27 reasonable under the circumstances based on the information 28 perceived by the officer at the time, and the officer 29 has completed a training course approved by the Iowa law 30 enforcement academy that instructs participants in the proper 31 execution of pursuit intervention techniques. 32 By operation of law, a violation of these provisions of the 33 bill is punishable by a scheduled fine of $135. 34 PARADES AND EVENTS. The bill allows the driver of an 35 -9- LSB 2273HV (3) 89 th/ns 9/ 12

H.F. 721 authorized emergency vehicle to operate the vehicle as part of 1 an official governmental event for the purposes of the safety 2 and security of an elected official, candidate for public 3 office, or the public, or as part of a parade or other public 4 service event if the parade or event is approved by the state 5 or a municipality at least one day prior to the date on which 6 the parade or event will occur. In addition, the bill allows 7 an authorized emergency vehicle to operate in a parade or event 8 while displaying the vehicle’s lighting devices. 9 IMMUNITY FROM LIABILITY. The bill provides that a certified 10 fire fighter, emergency medical care provider, peace officer, 11 reserve peace officer, or emergency management agency employee 12 who has completed certain training, or an associated entity, 13 shall not be liable for any consequence of injury or loss 14 arising from the operation of an authorized emergency vehicle 15 in response to an emergency call or to an incident dangerous 16 to the public unless the vehicle is operated with reckless 17 disregard for the safety of persons or property. This 18 provision of the bill only applies when, in response to an 19 emergency call or to an incident dangerous to the public, 20 the authorized emergency vehicle is making use of a siren or 21 flashing blue and red lights. 22 The bill specifies that the driver of an authorized 23 emergency vehicle shall not be liable for any injury or loss 24 arising from the operation of the vehicle unless reckless 25 disregard for the safety of persons or property is proven by a 26 preponderance of the evidence. 27 FUNERAL PROCESSIONS. The bill authorizes a driver of an 28 authorized emergency vehicle to operate the vehicle as part of 29 a funeral procession, and a peace officer may provide traffic 30 control upon request or when necessary for the safety of all 31 persons. The bill allows an authorized emergency vehicle 32 operating in a funeral procession to display the vehicle’s 33 lighting devices. 34 SIRENS AND AIR HORNS. The bill allows an authorized 35 -10- LSB 2273HV (3) 89 th/ns 10/ 12

H.F. 721 emergency medical services program, fire department, or law 1 enforcement agency to equip one or more vehicles with an 2 air horn or low-frequency siren. The bill requires certain 3 vehicles purchased, delivered, or refurbished on or after July 4 1, 2021, to be equipped with a 200-watt electric or electronic 5 siren capable of emitting at least two distinct siren tones, 6 and one or more compatible siren speakers. 7 The bill prohibits an authorized emergency vehicle’s siren, 8 whistle, air horn, or bell from being used except when the 9 vehicle is operated in response to an emergency call or to an 10 incident dangerous to the public, in a parade or designated 11 public service event, for a demonstration, for maintenance, or 12 in the immediate pursuit of an actual or suspected violator 13 of the law. The bill requires the driver of the vehicle to 14 sound the siren, whistle, air horn, or bell when the driver 15 reasonably believes necessary to warn pedestrians and other 16 drivers of the approach of the vehicle. 17 By operation of law, a violation of this provision is 18 punishable by a scheduled fine of $45. 19 DESIGNATION AS AUTHORIZED EMERGENCY VEHICLE. The bill 20 includes in the list of vehicles authorized to be designated 21 as authorized emergency vehicles those vehicles owned by a 22 certified chief or certified fire officer of a volunteer fire 23 department, a fire department comprised of a combination 24 of volunteer and paid members, or a nonprofit corporation 25 that delivers emergency services; and vehicles owned by a 26 chief, medical director, or certified medical provider of an 27 authorized emergency medical service. The bill requires the 28 completion of certain training and proof of financial liability 29 coverage or risk pool coverage to obtain the designation. 30 The bill prohibits a public or private entity from requiring 31 an employee or volunteer to apply for or maintain a certificate 32 of designation for an authorized emergency vehicle, and from 33 requiring a person to operate or use an authorized emergency 34 vehicle. 35 -11- LSB 2273HV (3) 89 th/ns 11/ 12

H.F. 721 EFFECTIVE DATE AND APPLICABILITY. The bill takes effect 1 upon enactment, and Code section 321.231B (limiting liability 2 for certain authorized emergency vehicle operators), as enacted 3 in the bill, applies to causes of action accrued on or after 4 the effective date of the bill. 5 -12- LSB 2273HV (3) 89 th/ns 12/ 12