Senate
File
333
-
Introduced
SENATE
FILE
333
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SF
72)
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
1691SV
(2)
89
th/ns
S.F.
333
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,
subsection
2,
Code
2021,
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
2021,
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,
emergency
medical
20
services
vehicle,
or
emergency
management
vehicle,
or
a
peace
21
officer
riding
a
police
bicycle
in
the
line
of
duty,
may
do
any
22
of
the
following:
23
a.
Proceed
past
a
red
or
stop
signal
or
stop
sign,
but
only
24
after
slowing
down
as
may
be
to
or
maintaining
a
speed
deemed
25
necessary
for
safe
operation
by
the
driver
based
on
information
26
known
to
the
driver
at
the
time
.
27
b.
Exceed
the
maximum
speed
limits
so
long
as
the
driver
28
does
not
recklessly
endanger
life
or
property.
29
4.
a.
The
exemptions
granted
to
the
driver
of
an
authorized
30
emergency
vehicle
under
subsection
2
and
to
a
the
driver
of
31
an
official
fire
department
vehicle,
police
vehicle,
rescue
32
vehicle,
or
ambulance
,
emergency
medical
services
vehicle,
33
or
emergency
management
vehicle
as
provided
in
subsection
3
34
shall
apply
only
when
such
vehicle
is
making
use
of
an
audible
35
-1-
LSB
1691SV
(2)
89
th/ns
1/
12
S.F.
333
signaling
warning
device
meeting
the
requirements
of
section
1
321.433
or
a
visual
signaling
device
,
except
that
use
of
an
2
audible
or
visual
signaling
device
shall
not
be
required
when
3
exercising
the
authorized
under
this
chapter.
4
b.
The
exemption
granted
under
subsection
3
,
paragraph
5
“b”
,
when
the
vehicle
is
operated
by
a
peace
officer
shall
be
6
granted
to
a
peace
officer
or
reserve
peace
officer
operating
7
an
authorized
emergency
vehicle
without
using
an
audible
8
warning
device
or
visual
signaling
device
if
such
action
occurs
9
over
the
shortest
distance
necessary,
does
not
recklessly
10
endanger
persons
or
property,
and
if
the
officer
is
pursuing
11
a
suspected
violator
of
the
speed
restrictions
imposed
by
or
12
pursuant
to
this
chapter
for
the
purpose
of
determining
the
13
speed
of
travel
of
such
suspected
violator
,
or
if
the
officer
14
reasonably
believes
based
on
the
facts
and
circumstances
15
at
the
time
that
a
suspected
violator’s
knowledge
of
the
16
officer’s
proximity
may
cause
the
suspected
violator
to
destroy
17
evidence
of
a
suspected
felony
or
aggravated
misdemeanor,
evade
18
apprehension,
or
endanger
the
public
or
the
officer
.
19
c.
The
exemption
granted
under
subsection
3,
paragraph
20
“b”
,
shall
be
granted
to
the
driver
of
an
authorized
emergency
21
vehicle
transporting
a
patient
to
a
hospital
without
using
22
a
visual
signaling
device
or
audible
warning
device
if
a
23
certified
emergency
medical
care
provider
reasonably
believes
24
the
patient’s
condition
warrants
rapid
transport.
25
Sec.
4.
Section
321.231,
Code
2021,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
3A.
A
peace
officer
operating
an
authorized
28
emergency
vehicle
may
execute
a
pursuit
intervention
technique
29
if
such
execution
is
reasonable
under
the
circumstances
based
30
on
the
information
perceived
by
the
officer
at
the
time,
and
31
the
officer
has
completed
a
training
course
approved
by
the
32
Iowa
law
enforcement
academy
that
instructs
participants
in
33
the
proper
execution
of
pursuit
intervention
techniques.
For
34
purposes
of
this
subsection,
“pursuit
intervention
technique”
35
-2-
LSB
1691SV
(2)
89
th/ns
2/
12
S.F.
333
means
a
method
by
which
a
peace
officer
operating
a
motor
1
vehicle
in
pursuit
of
a
fleeing
motor
vehicle
causes
or
2
attempts
to
cause
the
fleeing
motor
vehicle
to
stop,
including
3
by
use
of
reasonable
force.
This
subsection
shall
not
be
4
construed
to
limit
a
peace
officer’s
objectively
reasonable
use
5
of
force
in
connection
with
a
pursuit.
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
is
13
approved
by
the
state
or
a
municipality,
as
defined
in
section
14
670.1,
at
least
one
day
prior
to
the
date
on
which
the
parade
or
15
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.
6.
NEW
SECTION
.
321.231B
Authorized
emergency
vehicles
23
——
immunity
from
liability.
24
1.
The
following
shall
not
be
liable
for
the
consequence
of
25
any
injury
or
loss
arising
from
the
operation
of
an
authorized
26
emergency
vehicle
in
response
to
an
emergency
call
or
to
an
27
incident
dangerous
to
the
public
unless
the
driver
operates
the
28
authorized
emergency
vehicle
with
reckless
disregard
for
the
29
safety
of
persons
or
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
33
operator,
or
an
operator
who
has
completed
an
emergency
vehicle
34
operations
course
and
any
applicable
continuing
education
35
-3-
LSB
1691SV
(2)
89
th/ns
3/
12
S.F.
333
requirements
established
or
approved
by
the
fire
service
1
training
bureau.
2
b.
An
emergency
medical
care
provider,
as
defined
in
3
section
147A.1,
operating
the
authorized
emergency
vehicle
who
4
has
completed
an
emergency
vehicle
operations
course
and
any
5
applicable
continuing
education
requirements
established
or
6
approved
by
the
department
of
public
health.
7
c.
A
peace
officer,
as
defined
in
section
801.4,
or
a
8
reserve
peace
officer,
as
defined
in
section
80D.1A,
operating
9
the
authorized
emergency
vehicle
who
has
completed
an
emergency
10
vehicle
operations
course
and
any
applicable
continuing
11
education
requirements
established
or
approved
by
the
Iowa
law
12
enforcement
academy.
13
d.
An
emergency
management
agency
employee
operating
the
14
authorized
emergency
vehicle
who
has
completed
an
emergency
15
vehicle
operations
course
and
any
applicable
continuing
16
education
requirements
established
or
approved
by
the
local
or
17
joint
emergency
management
commission,
and
where
the
local
or
18
joint
emergency
management
commission
has
adopted
a
written
19
policy
related
to
emergency
vehicle
operations.
For
purposes
20
of
this
paragraph,
“emergency
management
agency
employee”
means
21
a
member
of
the
personnel,
including
but
not
limited
to
the
22
coordinator,
an
operations
officer,
or
an
emergency
management
23
assistant,
of
a
local
or
joint
emergency
management
commission.
24
e.
Any
entity,
including
a
nonprofit
corporation,
on
whose
25
behalf
the
fire
fighter,
emergency
medical
care
provider,
peace
26
officer,
reserve
peace
officer,
or
emergency
management
agency
27
employee
is
operating
the
authorized
emergency
vehicle.
28
2.
The
protections
from
liability
set
forth
in
subsection
29
1
apply
only
when,
in
response
to
an
emergency
call
or
to
an
30
incident
dangerous
to
the
public,
the
driver
operating
the
31
authorized
emergency
vehicle
is
utilizing
a
siren
meeting
the
32
requirements
of
section
321.433
or
flashing
blue
and
red
lights
33
authorized
under
this
chapter.
The
protections
from
liability
34
provided
by
subsection
1
apply
in
addition
to
any
other
defense
35
-4-
LSB
1691SV
(2)
89
th/ns
4/
12
S.F.
333
to
liability
provided
by
law.
This
section
shall
not
be
1
construed
to
lower
the
standard
of
recklessness
to
recover
2
against
any
entity
or
authorized
emergency
vehicle
driver.
3
3.
a.
The
driver
of
an
authorized
emergency
vehicle,
4
and
any
entity
on
whose
behalf
the
driver
is
operating
the
5
authorized
emergency
vehicle,
shall
not
be
liable
for
any
6
injury
or
loss
arising
from
the
operation
of
the
authorized
7
emergency
vehicle
unless
reckless
disregard
for
the
safety
8
of
persons
or
property
is
proven
by
a
preponderance
of
the
9
evidence.
10
b.
If
a
person
brings
a
tort
claim
against
the
driver
of
11
an
authorized
emergency
vehicle,
a
municipality,
as
defined
in
12
section
670.1,
this
state,
or
any
other
entity
on
whose
behalf
13
the
driver
is
operating
the
authorized
emergency
vehicle,
for
14
any
injury
or
loss
arising
from
the
operation
of
the
authorized
15
emergency
vehicle,
the
court
shall
determine,
on
motion
by
any
16
party
or
on
its
own
motion,
whether
the
person
has
presented
17
sufficient,
admissible
evidence
to
support
a
prima
facie
18
finding
of
recklessness
before
the
matter
proceeds
to
trial.
19
Sec.
7.
Section
321.324A,
Code
2021,
is
amended
by
adding
20
the
following
new
subsection:
21
NEW
SUBSECTION
.
3A.
a.
The
driver
of
an
authorized
22
emergency
vehicle
may
operate
the
vehicle
as
part
of
a
funeral
23
procession,
and
a
peace
officer
may
provide
traffic
control
24
relating
to
a
funeral
procession
upon
request
or
when
necessary
25
for
the
safety
of
all
persons.
26
b.
Notwithstanding
any
provision
of
law
to
the
contrary,
an
27
authorized
emergency
vehicle
operating
in
a
funeral
procession
28
or
for
traffic
control
relating
to
a
funeral
procession
may
29
display
any
of
the
vehicle’s
lighting
devices.
This
subsection
30
shall
not
be
construed
to
exempt
the
driver
of
the
authorized
31
emergency
vehicle
from
any
duty
to
operate
the
vehicle
with
due
32
regard
for
the
safety
of
all
persons.
33
Sec.
8.
Section
321.433,
Code
2021,
is
amended
to
read
as
34
follows:
35
-5-
LSB
1691SV
(2)
89
th/ns
5/
12
S.F.
333
321.433
Sirens,
whistles,
air
horns,
and
bells
prohibited.
1
1.
A
vehicle
shall
not
be
equipped
with
and
a
person
shall
2
not
use
upon
a
vehicle
any
siren,
whistle,
or
bell,
except
as
3
otherwise
permitted
in
this
section
or
any
other
provision
of
4
law
.
5
2.
It
is
permissible
but
not
required
that
any
commercial
6
vehicle
be
equipped
with
a
theft
alarm
signal
device
which
is
7
so
arranged
that
it
cannot
be
used
by
the
driver
as
an
ordinary
8
warning
signal.
9
3.
Any
authorized
emergency
vehicle
may
be
equipped
with
10
a
siren,
whistle,
air
horn,
or
bell
capable
of
emitting
sound
11
audible
under
normal
conditions
from
a
distance
of
not
less
12
than
five
hundred
feet
,
but
the
.
13
4.
An
authorized
emergency
medical
services
program,
fire
14
department,
or
law
enforcement
agency
may
equip
one
or
more
15
vehicles
with
an
air
horn
or
a
low-frequency
siren.
16
5.
An
official
fire
department
vehicle,
emergency
medical
17
services
program
vehicle,
or
law
enforcement
vehicle
owned
18
by
the
state,
a
municipality,
as
defined
in
section
670.1,
19
or
a
corporation
providing
emergency
medical
services
to
20
a
municipality
pursuant
to
a
written
contract,
that
was
21
purchased,
delivered,
or
refurbished
on
or
after
July
1,
22
2021,
excluding
an
all-terrain
vehicle
or
a
special
service
23
vehicle,
shall
be
equipped
with
a
two-hundred-watt
electric
24
or
electronic
siren
capable
of
emitting
at
least
two
distinct
25
siren
tones,
and
one
or
more
compatible
siren
speakers.
26
6.
An
authorized
emergency
vehicle’s
siren,
whistle,
27
air
horn,
or
bell
shall
not
be
used
except
when
the
vehicle
28
is
operated
in
response
to
an
emergency
call
or
an
incident
29
dangerous
to
the
public,
in
a
parade
or
designated
public
30
service
event,
for
a
demonstration,
for
maintenance,
or
in
31
the
immediate
pursuit
of
an
actual
or
suspected
violator
of
32
the
law,
and
the
driver
of
the
vehicle
shall
sound
the
siren,
33
whistle,
air
horn,
or
bell
when
the
driver
reasonably
believes
34
necessary
to
warn
pedestrians
and
other
drivers
of
the
approach
35
-6-
LSB
1691SV
(2)
89
th/ns
6/
12
S.F.
333
of
the
vehicle.
1
7.
For
purposes
of
this
section:
2
a.
“Electric
siren”
means
an
audible
warning
device
that
3
produces
sound
using
an
electric
motor
with
an
attached
4
rotating
slotted
or
perforated
disc.
5
b.
“Electronic
siren”
means
an
audible
warning
device
6
that
produces
sound
electronically
using
amplifiers
and
7
electromagnetic
speakers.
8
c.
“Low-frequency
siren”
means
a
siren
that
produces
9
low-frequency
sound
waves
and
is
used
in
addition
to
an
10
electric
or
electronic
siren.
11
Sec.
9.
Section
321.451,
subsection
1,
Code
2021,
is
amended
12
by
adding
the
following
new
paragraphs:
13
NEW
PARAGRAPH
.
g.
A
vehicle
owned
by
a
certified
chief
or
14
certified
fire
officer
of
a
volunteer
fire
department,
a
fire
15
department
comprised
of
a
combination
of
volunteer
and
paid
16
members,
or
a
nonprofit
corporation
that
delivers
emergency
17
services
on
behalf
of
a
municipality,
as
defined
in
section
18
670.1,
pursuant
to
a
written
contract,
if
the
application
for
a
19
certificate
of
designation
is
requested
by
the
certified
chief
20
or
certified
fire
officer
of
the
fire
department.
However,
the
21
department
shall
not
approve
an
application
received
pursuant
22
to
this
paragraph
unless
the
owner
of
the
vehicle
has
completed
23
an
emergency
vehicle
operations
course
approved
by
the
fire
24
service
training
bureau,
as
described
in
section
100B.6,
25
provided
proof
of
certification
as
a
fire
officer,
and
provided
26
proof
of
financial
liability
coverage
or
risk
pool
coverage.
27
NEW
PARAGRAPH
.
h.
A
vehicle
owned
by
a
chief,
medical
28
director,
or
certified
medical
provider
of
an
authorized
29
emergency
medical
service,
if
the
application
for
a
certificate
30
of
designation
is
requested
by
the
chief,
medical
officer,
or
31
medical
director
of
the
authorized
emergency
medical
service.
32
However,
the
department
shall
not
approve
an
application
33
received
pursuant
to
this
paragraph
unless
the
owner
of
the
34
vehicle
has
completed
an
emergency
vehicle
operations
course
35
-7-
LSB
1691SV
(2)
89
th/ns
7/
12
S.F.
333
approved
by
the
department
of
public
health,
and
provided
proof
1
of
financial
liability
coverage
or
risk
pool
coverage.
2
Sec.
10.
Section
321.451,
Code
2021,
is
amended
by
adding
3
the
following
new
subsections:
4
NEW
SUBSECTION
.
4.
A
public
or
private
entity
shall
not
5
require
an
employee
or
volunteer
to
apply
for
or
maintain
6
a
certificate
of
designation
pursuant
to
this
section
as
a
7
condition
of
employment
or
of
permitting
the
person
to
continue
8
to
volunteer.
A
person
shall
not
be
required
to
operate
or
9
use
a
vehicle
designated
as
an
authorized
emergency
vehicle
10
pursuant
to
this
section.
11
NEW
SUBSECTION
.
5.
This
section
shall
not
be
construed
12
to
exempt
the
state
or
a
municipality,
as
defined
in
section
13
670.1,
from
any
duty
to
purchase,
equip,
maintain,
or
otherwise
14
provide
authorized
emergency
vehicles
to
meet
any
requirement
15
to
provide
public
services,
including
law
enforcement,
fire
16
protection,
rescue,
emergency
medical
services,
or
emergency
17
management.
18
Sec.
11.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
19
immediate
importance,
takes
effect
upon
enactment.
20
Sec.
12.
APPLICABILITY.
The
following
applies
to
causes
of
21
action
accrued
on
or
after
the
effective
date
of
this
Act:
22
The
section
of
this
Act
enacting
section
321.231B.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
OPERATION
IN
EMERGENCY
SITUATIONS.
This
bill
allows
27
the
driver
of
an
authorized
emergency
vehicle
to
exercise
28
the
privileges
set
forth
in
Code
section
321.231
when
in
29
pursuit
of
a
perpetrator
of
a
misdemeanor,
in
addition
to
30
the
circumstances
allowed
under
current
law.
Under
such
31
circumstances,
the
bill
allows
the
driver
of
an
authorized
32
emergency
vehicle
to
drive
the
vehicle
on
the
shoulder
or
33
median
of
a
highway,
to
disregard
laws
or
regulations
governing
34
turning
the
vehicle
in
specified
directions,
and
to
disregard
35
-8-
LSB
1691SV
(2)
89
th/ns
8/
12
S.F.
333
laws
or
regulations
governing
overtaking
or
passing
other
1
motorists.
The
bill
also
allows
the
drivers
of
official
2
fire
department
vehicles,
police
vehicles,
rescue
vehicles,
3
ambulances,
emergency
medical
services
vehicles,
emergency
4
management
vehicles,
and
peace
officers
riding
a
police
bicycle
5
to
proceed
past
a
red
or
stop
signal
or
stop
sign,
but
only
6
after
slowing
down
to
or
maintaining
a
speed
deemed
necessary
7
for
safe
operation
by
the
driver
based
on
information
known
to
8
the
driver
at
the
time,
and
to
exceed
the
maximum
speed
limits
9
so
long
as
the
driver
does
not
recklessly
endanger
life
or
10
property.
11
Under
current
law,
authorized
emergency
vehicles
are
12
permitted
to
operate
in
this
manner
only
when
such
vehicles
are
13
making
use
of
an
audible
or
visual
signaling
device,
except
a
14
vehicle
operated
by
a
peace
officer
is
not
required
to
use
an
15
audible
or
visual
signaling
device
if
the
officer
is
pursuing
a
16
suspected
violator
of
a
speed
limit.
The
bill
instead
requires
17
the
use
of
an
audible
warning
or
visual
signaling
device,
and
18
provides
that
a
peace
officer
is
not
required
to
use
an
audible
19
warning
or
visual
signaling
device
if
the
officer
reasonably
20
believes
based
on
the
facts
and
circumstances
at
the
time
that
21
a
suspected
violator’s
knowledge
of
the
officer’s
proximity
22
may
cause
the
suspected
violator
to
destroy
evidence
of
a
23
suspected
felony
or
aggravated
misdemeanor,
evade
apprehension,
24
or
endanger
the
public
or
the
officer.
However,
the
bill
25
permits
such
action
only
if
the
action
occurs
over
the
shortest
26
distance
necessary
and
does
not
recklessly
endanger
persons
or
27
property.
28
The
bill
provides
that
the
driver
of
an
authorized
emergency
29
vehicle
transporting
a
patient
to
a
hospital
is
not
required
30
to
use
an
audible
warning
or
visual
signaling
device
while
31
exceeding
a
speed
limit
if
a
certified
emergency
medical
care
32
provider
reasonably
believes
the
patient’s
condition
warrants
33
rapid
transport.
34
The
bill
further
provides
that
a
peace
officer
operating
an
35
-9-
LSB
1691SV
(2)
89
th/ns
9/
12
S.F.
333
authorized
emergency
vehicle
may
execute
a
pursuit
intervention
1
technique,
as
defined
in
the
bill,
if
such
execution
is
2
reasonable
under
the
circumstances
based
on
the
information
3
perceived
by
the
officer
at
the
time,
and
the
officer
4
has
completed
a
training
course
approved
by
the
Iowa
law
5
enforcement
academy
that
instructs
participants
in
the
proper
6
execution
of
pursuit
intervention
techniques.
7
By
operation
of
law,
a
violation
of
these
provisions
of
the
8
bill
is
punishable
by
a
scheduled
fine
of
$135.
9
PARADES
AND
EVENTS.
The
bill
allows
the
driver
of
an
10
authorized
emergency
vehicle
to
operate
the
vehicle
as
part
of
11
an
official
governmental
event
for
the
purposes
of
the
safety
12
and
security
of
an
elected
official,
candidate
for
public
13
office,
or
the
public,
or
as
part
of
a
parade
or
other
public
14
service
event
if
the
parade
or
event
is
approved
by
the
state
15
or
a
municipality
at
least
one
day
prior
to
the
date
on
which
16
the
parade
or
event
will
occur.
In
addition,
the
bill
allows
17
an
authorized
emergency
vehicle
to
operate
in
a
parade
or
event
18
while
displaying
the
vehicle’s
lighting
devices.
19
IMMUNITY
FROM
LIABILITY.
The
bill
provides
that
a
certified
20
fire
fighter,
emergency
medical
care
provider,
peace
officer,
21
reserve
peace
officer,
or
emergency
management
agency
employee
22
who
has
completed
certain
training,
or
an
associated
entity,
23
shall
not
be
liable
for
any
consequence
of
injury
or
loss
24
arising
from
the
operation
of
an
authorized
emergency
vehicle
25
in
response
to
an
emergency
call
or
to
an
incident
dangerous
26
to
the
public
unless
the
vehicle
is
operated
with
reckless
27
disregard
for
the
safety
of
persons
or
property.
This
28
provision
of
the
bill
only
applies
when,
in
response
to
an
29
emergency
call
or
to
an
incident
dangerous
to
the
public,
30
the
authorized
emergency
vehicle
is
making
use
of
a
siren
or
31
flashing
blue
and
red
lights.
32
The
bill
specifies
that
the
driver
of
an
authorized
33
emergency
vehicle
shall
not
be
liable
for
any
injury
or
loss
34
arising
from
the
operation
of
the
vehicle
unless
reckless
35
-10-
LSB
1691SV
(2)
89
th/ns
10/
12
S.F.
333
disregard
for
the
safety
of
persons
or
property
is
proven
by
1
a
preponderance
of
the
evidence.
If
a
person
brings
a
tort
2
claim
against
the
driver
of
an
authorized
emergency
vehicle,
a
3
municipality,
or
the
state
for
any
injury
or
loss
arising
from
4
the
operation
of
the
authorized
emergency
vehicle,
the
bill
5
requires
a
court
to
determine,
on
motion
by
any
party
or
on
6
its
own
motion,
whether
the
person
has
presented
sufficient,
7
admissible
evidence
to
support
a
prima
facie
finding
of
8
recklessness
before
the
matter
proceeds
to
trial.
9
FUNERAL
PROCESSIONS.
The
bill
authorizes
a
driver
of
an
10
authorized
emergency
vehicle
to
operate
the
vehicle
as
part
of
11
a
funeral
procession,
and
a
peace
officer
may
provide
traffic
12
control
upon
request
or
when
necessary
for
the
safety
of
all
13
persons.
The
bill
allows
an
authorized
emergency
vehicle
14
operating
in
a
funeral
procession
to
display
the
vehicle’s
15
lighting
devices.
16
SIRENS
AND
AIR
HORNS.
The
bill
allows
an
authorized
17
emergency
medical
services
program,
fire
department,
or
law
18
enforcement
agency
to
equip
one
or
more
vehicles
with
an
19
air
horn
or
low-frequency
siren.
The
bill
requires
certain
20
vehicles
purchased,
delivered,
or
refurbished
on
or
after
July
21
1,
2021,
to
be
equipped
with
a
200-watt
electric
or
electronic
22
siren
capable
of
emitting
at
least
two
distinct
siren
tones,
23
and
one
or
more
compatible
siren
speakers.
24
The
bill
prohibits
an
authorized
emergency
vehicle’s
siren,
25
whistle,
air
horn,
or
bell
from
being
used
except
when
the
26
vehicle
is
operated
in
response
to
an
emergency
call
or
to
an
27
incident
dangerous
to
the
public,
in
a
parade
or
designated
28
public
service
event,
for
a
demonstration,
for
maintenance,
or
29
in
the
immediate
pursuit
of
an
actual
or
suspected
violator
30
of
the
law.
The
bill
requires
the
driver
of
the
vehicle
to
31
sound
the
siren,
whistle,
air
horn,
or
bell
when
the
driver
32
reasonably
believes
necessary
to
warn
pedestrians
and
other
33
drivers
of
the
approach
of
the
vehicle.
34
By
operation
of
law,
a
violation
of
this
provision
is
35
-11-
LSB
1691SV
(2)
89
th/ns
11/
12
S.F.
333
punishable
by
a
scheduled
fine
of
$45.
1
DESIGNATION
AS
AUTHORIZED
EMERGENCY
VEHICLE.
The
bill
2
includes
in
the
list
of
vehicles
authorized
to
be
designated
3
as
authorized
emergency
vehicles
those
vehicles
owned
by
a
4
certified
chief
or
certified
fire
officer
of
a
volunteer
fire
5
department,
a
fire
department
comprised
of
a
combination
6
of
volunteer
and
paid
members,
or
a
nonprofit
corporation
7
that
delivers
emergency
services;
and
vehicles
owned
by
a
8
chief,
medical
director,
or
certified
medical
provider
of
an
9
authorized
emergency
medical
service.
The
bill
requires
the
10
completion
of
certain
training
and
proof
of
financial
liability
11
coverage
or
risk
pool
coverage
to
obtain
the
designation.
12
The
bill
prohibits
a
public
or
private
entity
from
requiring
13
an
employee
or
volunteer
to
apply
for
or
maintain
a
certificate
14
of
designation
for
an
authorized
emergency
vehicle,
and
from
15
requiring
a
person
to
operate
or
use
an
authorized
emergency
16
vehicle.
17
EFFECTIVE
DATE
AND
APPLICABILITY.
The
bill
takes
effect
18
upon
enactment,
and
Code
section
321.231B
(limiting
liability
19
for
certain
authorized
emergency
vehicle
operators),
as
enacted
20
in
the
bill,
applies
to
causes
of
action
accrued
on
or
after
21
the
effective
date
of
the
bill.
22
-12-
LSB
1691SV
(2)
89
th/ns
12/
12