Senate File 442 S-3072 Amend Senate File 442 as follows: 1 1. Page 1, by striking lines 23 through 27 and inserting: 2 < a. Proceed past a red or stop signal or stop sign, but only 3 after slowing down as may be at a speed deemed necessary for 4 safe operation by the driver based on information known to the 5 driver at the time . > 6 2. By striking page 3, line 28, through page 5, line 8, and 7 inserting: 8 < 1. The following shall not be liable for any injury or loss 9 arising from the operation of an authorized emergency vehicle 10 in response to an emergency call or to an incident dangerous to 11 the public unless the driver operates the authorized emergency 12 vehicle with reckless disregard for the safety of persons or 13 property: 14 a. A fire fighter operating the authorized emergency 15 vehicle who is certified by the fire service training bureau, 16 as described in section 100B.6, as a fire apparatus driver or 17 operator and who has completed an emergency vehicle operations 18 course and any applicable continuing education requirements 19 established or approved by the fire service training bureau. 20 b. An emergency medical care provider, as defined in 21 section 147A.1, operating the authorized emergency vehicle who 22 has completed an emergency vehicle operations course and any 23 applicable continuing education requirements established or 24 approved by the department of public health. 25 c. A peace officer, as defined in section 801.4, or a 26 reserve peace officer, as defined in section 80D.1A, operating 27 the authorized emergency vehicle who has completed an emergency 28 vehicle operations course and any applicable continuing 29 education requirements established or approved by the Iowa law 30 enforcement academy. 31 d. Any entity on whose behalf the fire fighter, emergency 32 medical care provider, peace officer, or reserve peace officer 33 is operating the authorized emergency vehicle. 34 2. The protections from liability set forth in subsection 35 -1- SF442.1159 (2) 88 ns/rh 1/ 2 #1. #2.

1 apply only when, in response to an emergency call or to an 1 incident dangerous to the public, the driver operating the 2 authorized emergency vehicle is utilizing a siren meeting the 3 requirements of section 321.433 or flashing blue and red lights 4 authorized under this chapter. The protections from liability 5 provided by subsection 1 apply in addition to any other defense 6 to liability provided by law. 7 3. a. The driver of an authorized emergency vehicle, 8 and any entity on whose behalf the driver is operating the 9 authorized emergency vehicle, shall not be liable for any 10 injury or loss arising from the operation of the authorized 11 emergency vehicle unless reckless disregard for the safety of 12 persons or property is proven by clear and convincing evidence. 13 b. If a person brings a tort claim against the driver of 14 an authorized emergency vehicle, a municipality, as defined in 15 section 670.1, this state, or any other entity on whose behalf 16 the driver is operating the authorized emergency vehicle, for 17 any injury or loss arising from the operation of the authorized 18 emergency vehicle, the court shall determine, on motion by any 19 party or on its own motion, whether the person has presented 20 sufficient, admissible evidence to support a prima facie 21 finding of reckless disregard for the safety of persons or 22 property, before the matter proceeds to trial. > 23 ______________________________ WAYLON BROWN -2- SF442.1159 (2) 88 ns/rh 2/ 2