Bill Text: IA HSB84 | 2021-2022 | 89th General Assembly | Introduced


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

Spectrum: Committee Bill

Status: (Introduced - Dead) 2021-01-20 - Subcommittee: Worthan, Gerhold and Konfrst. H.J. 125. [HSB84 Detail]

Download: Iowa-2021-HSB84-Introduced.html
House Study Bill 84 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BEST) 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 1258YC (2) 89 th/ns
H.F. _____ 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 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, subsections 3 and 4, Code 2021, are 9 amended to read as follows: 10 3. The driver of a an official fire department vehicle, 11 police vehicle, rescue vehicle, or ambulance, emergency 12 management vehicle, or emergency medical services vehicle, or a 13 peace officer riding a police bicycle in the line of duty, may 14 do any of the following: 15 a. Proceed past a red or stop signal or stop sign, but 16 only after slowing down as an emergency vehicle driver may be 17 necessary deem reasonable for safe operation in the same or 18 similar circumstances based on information known to the driver 19 at the time . 20 b. Exceed the maximum speed limits so long as the driver 21 does not endanger life or property acts reasonably and in good 22 faith . 23 4. a. The exemptions granted to the driver of an authorized 24 emergency vehicle under subsection 2 and to a the driver of 25 an official fire department vehicle, police vehicle, rescue 26 vehicle, or ambulance , emergency management vehicle, or 27 emergency medical services vehicle as provided in subsection 3 28 shall apply only when such vehicle is making use of an audible 29 signaling warning device meeting the requirements of section 30 321.433 or a visual signaling device, except that use of an 31 audible or visual signaling device shall not be required when 32 exercising the emergency lights authorized under this chapter. 33 b. The exemption granted under subsection 3 , paragraph 34 “b” , when the vehicle is operated by a peace officer shall be 35 -1- LSB 1258YC (2) 89 th/ns 1/ 11
H.F. _____ granted to a peace officer or reserve peace officer operating 1 an authorized emergency vehicle without using an audible 2 warning device or emergency lights if such action does not 3 recklessly endanger persons or property, and if the officer 4 is pursuing a suspected violator of the speed restrictions 5 imposed by or pursuant to this chapter for the purpose of 6 determining the speed of travel of such suspected violator , 7 or if the officer reasonably believes based on the facts and 8 circumstances at the time that a suspected violator’s knowledge 9 of the officer’s proximity may cause the suspected violator 10 to destroy evidence of a suspected felony or aggravated 11 misdemeanor, evade apprehension, or endanger the public or the 12 officer . 13 c. The exemption granted under subsection 3, paragraph 14 “b” , shall be granted to the driver of an authorized emergency 15 vehicle transporting a patient to a hospital without using 16 the vehicle’s emergency lights or audible warning device if a 17 certified emergency medical care provider reasonably believes 18 the patient’s condition warrants limited use of the vehicle’s 19 emergency lights or audible warning device, provided the driver 20 activates the vehicle’s audible warning device when necessary 21 to warn motorists or pedestrians of the vehicle’s approach, or 22 when approaching an intersection. 23 Sec. 3. Section 321.231, Code 2021, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 3A. A peace officer operating an authorized 26 emergency vehicle may execute a pursuit intervention technique 27 if such execution is reasonable under the circumstances based 28 on the information available to the officer at the time, and 29 the officer has completed a training course approved by the 30 Iowa law enforcement academy that instructs participants in 31 the proper execution of pursuit intervention techniques. For 32 purposes of this subsection, “pursuit intervention technique” 33 means a method by which a peace officer operating a motor 34 vehicle in pursuit of a fleeing motor vehicle causes or 35 -2- LSB 1258YC (2) 89 th/ns 2/ 11
H.F. _____ attempts to cause the fleeing motor vehicle to stop, including 1 by use of reasonable force. This subsection shall not be 2 construed to limit a peace officer’s objectively reasonable use 3 of force in connection with a pursuit. 4 Sec. 4. NEW SECTION . 321.231A Authorized emergency vehicles 5 —— parades and events. 6 1. The driver of an authorized emergency vehicle may operate 7 the vehicle as part of an official governmental event for the 8 purposes of the safety and security of an elected official, 9 candidate for public office, or the public, or as part of a 10 parade or other public service event if the parade or event 11 is approved by the state or a municipality, as defined in 12 section 670.1, and notice of the parade or event is publicly 13 disseminated by the state or municipality in the area where the 14 parade or event will occur at least five days prior to the date 15 on which the parade or 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. 5. NEW SECTION . 321.231B Authorized emergency vehicles 23 —— immunity from liability. 24 1. The following shall not be liable for any injury or loss 25 arising from the operation of an authorized emergency vehicle 26 in response to an emergency call or to an incident dangerous to 27 the public unless the driver operates the authorized emergency 28 vehicle with reckless disregard for the safety of persons or 29 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 or 33 operator and who has completed an emergency vehicle operations 34 course and any applicable continuing education requirements 35 -3- LSB 1258YC (2) 89 th/ns 3/ 11
H.F. _____ established or approved by the fire service training bureau. 1 b. An emergency medical care provider, as defined in 2 section 147A.1, operating the authorized emergency vehicle who 3 has completed an emergency vehicle operations course and any 4 applicable continuing education requirements established or 5 approved by the department of public health. 6 c. A peace officer, as defined in section 801.4, or a 7 reserve peace officer, as defined in section 80D.1A, operating 8 the authorized emergency vehicle who has completed an emergency 9 vehicle operations course and any applicable continuing 10 education requirements established or approved by the Iowa law 11 enforcement academy. 12 d. An emergency management agency employee operating the 13 authorized emergency vehicle who has completed an emergency 14 vehicle operations course and any applicable continuing 15 education requirements established or approved by the local or 16 joint emergency management commission, and where the local or 17 joint emergency management commission has adopted a written 18 policy related to emergency vehicle operations. For purposes 19 of this paragraph, “emergency management agency employee” means 20 a member of the personnel, including but not limited to the 21 coordinator, an operations officer, or an emergency management 22 assistant, of a local or joint emergency management commission. 23 e. Any governmental or private entity on whose behalf the 24 fire fighter, emergency medical care provider, peace officer, 25 reserve peace officer, or emergency management agency employee 26 is operating the authorized emergency vehicle. 27 2. The protections from liability set forth in subsection 28 1 apply only when, in response to an emergency call or to an 29 incident dangerous to the public, the driver operating the 30 authorized emergency vehicle is utilizing a siren meeting the 31 requirements of section 321.433 or flashing blue and red lights 32 authorized under this chapter. The protections from liability 33 provided by subsection 1 apply in addition to any other defense 34 to liability provided by law. 35 -4- LSB 1258YC (2) 89 th/ns 4/ 11
H.F. _____ 3. The driver of an authorized emergency vehicle, and any 1 governmental or private entity on whose behalf the driver 2 is operating the authorized emergency vehicle, shall not be 3 liable for any injury or loss arising from the operation of the 4 authorized emergency vehicle unless reckless disregard for the 5 safety of persons or property is proven by a preponderance of 6 the evidence. 7 Sec. 6. Section 321.324A, Code 2021, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 3A. a. The driver of an authorized 10 emergency vehicle may operate the vehicle as part of a funeral 11 procession if approved by each municipality, as defined in 12 section 670.1, in which the funeral procession occurs. 13 b. Notwithstanding any provision of law to the contrary, an 14 authorized emergency vehicle operating in a funeral procession 15 may display any of the vehicle’s lighting devices. This 16 subsection shall not be construed to exempt the driver of the 17 authorized emergency vehicle from any duty to operate the 18 vehicle with due regard for the safety of all persons. 19 Sec. 7. Section 321.433, Code 2021, is amended to read as 20 follows: 21 321.433 Sirens, whistles, air horns, and bells prohibited. 22 1. A vehicle shall not be equipped with and a person shall 23 not use upon a vehicle any siren, whistle, or bell, except as 24 otherwise permitted in this section or any other provision of 25 law . 26 2. It is permissible but not required that any commercial 27 vehicle be equipped with a theft alarm signal device which is 28 so arranged that it cannot be used by the driver as an ordinary 29 warning signal. 30 3. Any authorized emergency vehicle may be equipped with 31 a siren, whistle, air horn, or bell capable of emitting sound 32 audible under normal conditions from a distance of not less 33 than five hundred feet , but the . 34 4. An authorized emergency medical services program, fire 35 -5- LSB 1258YC (2) 89 th/ns 5/ 11
H.F. _____ department, or law enforcement agency may equip one or more 1 vehicles with an air horn. 2 5. An official fire department vehicle, emergency medical 3 services program vehicle, or law enforcement vehicle owned 4 by the state, a municipality, as defined in section 670.1, 5 or a corporation providing emergency medical services to 6 a municipality pursuant to a written contract, that was 7 purchased, delivered, or refurbished on or after July 1, 8 2021, excluding an all-terrain vehicle or a special service 9 vehicle, shall be equipped with a two-hundred-watt electric 10 or electronic siren capable of emitting at least two distinct 11 siren tones, and one or more compatible siren speakers. 12 6. An authorized emergency vehicle’s siren, whistle, 13 air horn, or bell shall not be used except when the vehicle 14 is operated in response to an emergency call or an incident 15 dangerous to the public, in a parade or designated public 16 service event, for a demonstration, for maintenance, or in 17 the immediate pursuit of an actual or suspected violator of 18 the law, and the driver of the vehicle shall sound the siren, 19 whistle, air horn, or bell when the driver reasonably believes 20 necessary to warn pedestrians and other drivers of the approach 21 of the vehicle. 22 7. For purposes of this section: 23 a. “Electric siren” means an audible warning device that 24 produces sound using an electric motor with an attached 25 rotating slotted or perforated disc. 26 b. “Electronic siren” means an audible warning device 27 that produces sound electronically using amplifiers and 28 electromagnetic speakers. 29 Sec. 8. Section 321.451, subsection 1, Code 2021, is amended 30 by adding the following new paragraphs: 31 NEW PARAGRAPH . g. A vehicle owned or operated by a 32 certified chief or certified fire officer of a volunteer fire 33 department, a fire department comprised of a combination of 34 volunteer and paid members, or a nonprofit corporation that 35 -6- LSB 1258YC (2) 89 th/ns 6/ 11
H.F. _____ delivers emergency services on behalf of a municipality, as 1 defined in section 670.1, pursuant to a written contract, if 2 the application for a certificate of designation is requested 3 by the chief of the fire department. However, the department 4 shall not approve an application received pursuant to this 5 paragraph unless the owner or operator, as applicable, of the 6 vehicle has completed an emergency vehicle operations course 7 approved by the fire service training bureau, as described 8 in section 100B.6, provided proof of certification as a fire 9 officer, and provided proof of financial liability coverage or 10 risk pool coverage. 11 NEW PARAGRAPH . h. A vehicle owned or operated by a chief 12 or medical director of an authorized emergency medical service 13 provider, if the application for a certificate of designation 14 is requested by a medical director of, a medical officer of, or 15 the chief of the authorized emergency medical service provider. 16 However, the department shall not approve an application 17 received pursuant to this paragraph unless the owner or 18 operator, as applicable, of the vehicle has completed an 19 emergency vehicle operations course approved by the department 20 of public health, and provided proof of financial liability 21 coverage or risk pool coverage. 22 Sec. 9. Section 321.451, Code 2021, is amended by adding the 23 following new subsections: 24 NEW SUBSECTION . 4. A public or private employer shall 25 not require an employee or volunteer to apply for or maintain 26 a certificate of designation pursuant to this section as a 27 condition of employment or of permitting the person to continue 28 to volunteer. A person shall not be required to operate or 29 use a vehicle designated as an authorized emergency vehicle 30 pursuant to this section. 31 NEW SUBSECTION . 5. This section shall not be construed 32 to exempt the state or a municipality, as defined in section 33 670.1, from any duty to purchase, equip, maintain, or otherwise 34 provide authorized emergency vehicles to meet any requirement 35 -7- LSB 1258YC (2) 89 th/ns 7/ 11
H.F. _____ to provide public services, including law enforcement, fire 1 protection, rescue, or emergency medical services. 2 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 3 immediate importance, takes effect upon enactment. 4 Sec. 11. APPLICABILITY. The following applies to causes of 5 action accrued on or after the effective date of this Act: 6 The section of this Act enacting section 321.231B. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 OPERATION IN EMERGENCY SITUATIONS. This bill allows 11 the driver of an authorized emergency vehicle to exercise 12 the privileges set forth in Code section 321.231 when in 13 pursuit of a perpetrator of a misdemeanor, in addition to 14 the circumstances allowed under current law. The bill also 15 allows the drivers of official fire department vehicles, police 16 vehicles, rescue vehicles, ambulances, emergency management 17 vehicles, emergency medical services vehicles, and peace 18 officers riding a police bicycle to proceed past a red or 19 stop signal or stop sign, but only after slowing down as an 20 emergency vehicle driver may deem reasonable for safe operation 21 in the same or similar circumstances based on information known 22 to the driver at the time, and to exceed the maximum speed 23 limits so long as the driver acts reasonably and in good faith. 24 Under current law, authorized emergency vehicles are 25 permitted to operate in this manner only when such vehicles are 26 making use of an audible or visual signaling device, except a 27 vehicle operated by a peace officer is not required to use an 28 audible or visual signaling device if the officer is pursuing a 29 suspected violator of a speed limit. The bill instead requires 30 the use of an audible warning device or emergency lights, and 31 provides that a peace officer is not required to use an audible 32 warning device or emergency lights if the officer reasonably 33 believes based on the facts and circumstances at the time that 34 a suspected violator’s knowledge of the officer’s proximity may 35 -8- LSB 1258YC (2) 89 th/ns 8/ 11
H.F. _____ cause the suspected violator to destroy evidence of a suspected 1 felony or aggravated misdemeanor, evade apprehension, or 2 endanger the public or the officer. However, the bill permits 3 such action only if the action does not recklessly endanger 4 persons or property. 5 The bill provides that the driver of an authorized emergency 6 vehicle transporting a patient to a hospital is not required 7 to use emergency lights or an audible warning device while 8 exceeding a speed limit if a certified emergency medical care 9 provider reasonably believes the patient’s condition warrants 10 limited use of the vehicle’s emergency lights or audible 11 warning device, provided the driver activates the vehicle’s 12 audible warning device when necessary to warn motorists or 13 pedestrians of the vehicle’s approach, or when approaching an 14 intersection. 15 The bill further provides that a peace officer operating an 16 authorized emergency vehicle may execute a pursuit intervention 17 technique, as defined in the bill, if such execution is 18 reasonable under the circumstances based on the information 19 available to the officer at the time, and the officer 20 has completed a training course approved by the Iowa law 21 enforcement academy that instructs participants in the proper 22 execution of pursuit intervention techniques. 23 By operation of law, a violation of these provisions of the 24 bill is punishable by a scheduled fine of $135. 25 PARADES AND EVENTS. The bill allows the driver of an 26 authorized emergency vehicle to operate the vehicle as part of 27 an official governmental event for the purposes of the safety 28 and security of an elected official, candidate for public 29 office, or the public, or as part of a parade or other public 30 service event if the parade or event is approved by the state 31 or a municipality and notice of the parade or event is publicly 32 disseminated by the state or municipality at least five days 33 prior to the date on which the parade or event will occur. In 34 addition, the bill allows an authorized emergency vehicle to 35 -9- LSB 1258YC (2) 89 th/ns 9/ 11
H.F. _____ operate in a parade or event while displaying the vehicle’s 1 lighting devices. 2 IMMUNITY FROM LIABILITY. The bill provides that a certified 3 fire fighter, emergency medical care provider, peace officer, 4 reserve peace officer, or emergency management agency employee 5 who has completed certain training shall not be liable for any 6 injury or loss arising from the operation of an authorized 7 emergency vehicle in response to an emergency call or to an 8 incident dangerous to the public unless the vehicle is operated 9 with reckless disregard for the safety of persons or property. 10 This provision of the bill only applies when, in response to 11 an emergency call or to an incident dangerous to the public, 12 the authorized emergency vehicle is making use of a siren or 13 flashing blue and red lights. 14 The bill specifies that the driver of an authorized 15 emergency vehicle shall not be liable for any injury or loss 16 arising from the operation of the vehicle unless reckless 17 disregard for the safety of persons or property is proven by a 18 preponderance of the evidence. 19 FUNERAL PROCESSIONS. The bill authorizes a driver of an 20 authorized emergency vehicle to operate the vehicle as part of 21 a funeral procession if approved by each municipality in which 22 the funeral procession occurs. The bill allows an authorized 23 emergency vehicle operating in a funeral procession to display 24 the vehicle’s lighting devices. 25 SIRENS AND AIR HORNS. The bill allows an authorized 26 emergency medical services program, fire department, or law 27 enforcement agency to equip one or more vehicles with an air 28 horn. The bill requires such vehicles purchased, delivered, 29 or refurbished on or after July 1, 2021, to be equipped with 30 a 200-watt electric or electronic siren capable of emitting 31 at least two distinct siren tones, and one or more compatible 32 siren speakers. 33 The bill prohibits an authorized emergency vehicle’s siren, 34 whistle, air horn, or bell from being used except when the 35 -10- LSB 1258YC (2) 89 th/ns 10/ 11
H.F. _____ vehicle is operated in response to an emergency call or to an 1 incident dangerous to the public, in a parade or designated 2 public service event, for a demonstration, for maintenance, or 3 in the immediate pursuit of an actual or suspected violator 4 of the law. The bill requires the driver of the vehicle to 5 sound the siren, whistle, air horn, or bell when the driver 6 reasonably believes necessary to warn pedestrians and other 7 drivers of the approach of the vehicle. 8 By operation of law, a violation of this provision is 9 punishable by a scheduled fine of $45. 10 DESIGNATION AS AUTHORIZED EMERGENCY VEHICLE. The bill 11 includes in the list of vehicles authorized to be designated 12 as authorized emergency vehicles those vehicles owned by a 13 certified chief or certified fire officer of a volunteer fire 14 department, a fire department comprised of a combination of 15 volunteer and paid members, or a nonprofit corporation that 16 delivers emergency services; and vehicles owned by a chief or 17 medical director of an authorized emergency medical service 18 provider. The bill requires the completion of certain training 19 and proof of financial liability coverage or risk pool coverage 20 to obtain the designation. 21 The bill prohibits a public or private employer from 22 requiring an employee or volunteer to apply for or maintain a 23 certificate of designation for an authorized emergency vehicle, 24 and from requiring a person to operate or use an authorized 25 emergency vehicle. 26 EFFECTIVE DATE AND APPLICABILITY. The bill takes effect 27 upon enactment, and Code section 321.231B (limiting liability 28 for certain authorized emergency vehicle operators), as enacted 29 in the bill, applies to causes of action accrued on or after 30 the effective date of the bill. 31 -11- LSB 1258YC (2) 89 th/ns 11/ 11
feedback