HSB 190 (LSB 2273YC (1) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BEST)

A BILL FOR

An Act relating to authorized emergency vehicles, making penalties applicable, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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