Bill Text: IA SF333 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to authorized emergency vehicles, making penalties applicable, and including effective date and applicability provisions. (Formerly SF 72.) Effective date: 05/24/2022. Applicability date: 05/24/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-05-24 - Signed by Governor. S.J. 938. [SF333 Detail]
Download: Iowa-2021-SF333-Enrolled.html
Senate
File
333
-
Enrolled
Senate
File
333
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
2022,
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
2022,
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
2022,
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
Senate
File
333,
p.
2
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
or
maintaining
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.
Senate
File
333,
p.
3
Sec.
4.
Section
321.231,
Code
2022,
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
Senate
File
333,
p.
4
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
Senate
File
333,
p.
5
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
2022,
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
2022,
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
Senate
File
333,
p.
6
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,
that
was
purchased,
delivered,
or
refurbished
on
or
after
July
1,
2022,
excluding
an
all-terrain
vehicle
or
a
special
service
vehicle,
shall
be
equipped
with
an
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,
an
incident
dangerous
to
the
public,
an
official
training
exercise,
in
a
parade
or
designated
public
service
event,
for
maintenance
or
demonstration
purposes,
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.
2.
7.
A
towing
or
recovery
vehicle,
unless
owned
by
the
state
or
a
municipality,
as
defined
in
section
670.1,
shall
not
be
equipped
with
a
siren.
8.
For
purposes
of
this
section:
a.
“Electric
siren”
means
an
audible
warning
device
that
produces
sound
using
an
electric
motor
with
an
attached
Senate
File
333,
p.
7
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
2022,
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
2022,
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
Senate
File
333,
p.
8
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,
emergency
medical
services,
or
emergency
management.
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.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
333,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor