S.F. 442 Section 1. Section 321.231, subsection 1, Code 2019, 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 2019, 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 2019, 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, or emergency 20 medical services vehicle, or a peace officer riding a police 21 bicycle in the line of duty, may do any of the following: 22 a. Proceed past a red or stop signal or stop sign, but only 23 after slowing down as may be at a speed deemed necessary for 24 safe operation by the driver based on information known to the 25 driver at the time . 26 b. Exceed the maximum speed limits so long as the driver 27 does not recklessly endanger life or property. 28 4. a. The exemptions granted to the driver of an authorized 29 emergency vehicle under subsection 2 and to a the driver of 30 an official fire department vehicle, police vehicle, rescue 31 vehicle, or ambulance , or emergency medical services vehicle as 32 provided in subsection 3 shall apply only when such vehicle is 33 making use of an audible signaling warning device meeting the 34 requirements of section 321.433 or a visual signaling device , 35 -1- SF 442 (3) 88 ns/rh/mb 1/ 7

S.F. 442 except that use of an audible or visual signaling device shall 1 not be required when exercising the authorized under this 2 chapter. 3 b. The exemption granted under subsection 3 , paragraph 4 “b” , when the vehicle is operated by a peace officer shall be 5 granted to a peace officer or reserve peace officer operating 6 an authorized emergency vehicle without using an audible 7 warning device or visual signaling device if such action does 8 not recklessly endanger the life of the officer or the vehicle, 9 and if the officer is pursuing a suspected violator of the 10 speed restrictions imposed by or pursuant to this chapter 11 for the purpose of determining the speed of travel of such 12 suspected violator , or if the officer reasonably believes based 13 on the facts and circumstances at the time that a suspected 14 violator’s knowledge of the officer’s proximity may cause the 15 suspected violator to destroy evidence of a suspected felony 16 or aggravated misdemeanor, evade apprehension, or endanger the 17 public or the officer . 18 c. The exemption granted under subsection 3, paragraph 19 “b” , shall be granted to the driver of an authorized emergency 20 vehicle transporting a patient to a hospital while using 21 a visual signaling device but without using an audible 22 warning device if a certified emergency medical care provider 23 reasonably believes the patient’s condition warrants limited 24 use of the vehicle’s audible warning device, provided the 25 driver activates the vehicle’s audible warning device when 26 necessary to warn motorists or pedestrians of the vehicle’s 27 approach, or when approaching an intersection. 28 Sec. 4. Section 321.231, Code 2019, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 3A. A peace officer operating an authorized 31 emergency vehicle may execute a lawful intervention technique 32 if such execution is reasonable under the circumstances based 33 on the information available to the officer at the time, and 34 the officer has completed a training course approved by the 35 -2- SF 442 (3) 88 ns/rh/mb 2/ 7

S.F. 442 Iowa law enforcement academy that instructs participants in 1 the proper execution of lawful intervention techniques. For 2 purposes of this subsection, “lawful intervention technique” 3 means a method by which a peace officer operating a motor 4 vehicle in pursuit of a fleeing motor vehicle causes or 5 attempts to cause the fleeing motor vehicle to stop. 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 13 is approved by the state or a municipality, as defined in 14 section 670.1, and notice of the parade or event is publicly 15 disseminated by the state or municipality in the area where the 16 parade or event will occur at least five days prior to the date 17 on which the parade or event will occur. 18 2. Notwithstanding any provision of law to the contrary, an 19 authorized emergency vehicle operating in a parade or event may 20 display any of the vehicle’s lighting devices. This subsection 21 shall not be construed to exempt the driver of the authorized 22 emergency vehicle from any duty to operate the vehicle with due 23 regard for the safety of all persons. 24 Sec. 6. NEW SECTION . 321.231B Authorized emergency vehicles 25 —— immunity from liability. 26 1. The following shall not be liable for any injury or loss 27 arising from the operation of an authorized emergency vehicle 28 in response to an emergency call or to an incident dangerous to 29 the public unless the driver operates the authorized emergency 30 vehicle with reckless disregard for the safety of persons or 31 property: 32 a. A fire fighter operating the authorized emergency 33 vehicle who is certified by the fire service training bureau, 34 as described in section 100B.6, as a fire apparatus driver or 35 -3- SF 442 (3) 88 ns/rh/mb 3/ 7

S.F. 442 operator and who has completed an emergency vehicle operations 1 course and any applicable continuing education requirements 2 established or approved by the fire service training bureau. 3 b. An emergency medical care provider, as defined in 4 section 147A.1, operating the authorized emergency vehicle who 5 has completed an emergency vehicle operations course and any 6 applicable continuing education requirements established or 7 approved by the department of public health. 8 c. A peace officer, as defined in section 801.4, or a 9 reserve peace officer, as defined in section 80D.1A, operating 10 the authorized emergency vehicle who has completed an emergency 11 vehicle operations course and any applicable continuing 12 education requirements established or approved by the Iowa law 13 enforcement academy. 14 d. Any entity on whose behalf the fire fighter, emergency 15 medical care provider, peace officer, or reserve peace officer 16 is operating the authorized emergency vehicle. 17 2. The protections from liability set forth in subsection 18 1 apply only when, in response to an emergency call or to an 19 incident dangerous to the public, the driver operating the 20 authorized emergency vehicle is utilizing a siren meeting the 21 requirements of section 321.433 or flashing blue and red lights 22 authorized under this chapter. The protections from liability 23 provided by subsection 1 apply in addition to any other defense 24 to liability provided by law. 25 3. a. The driver of an authorized emergency vehicle, 26 and any entity on whose behalf the driver is operating the 27 authorized emergency vehicle, shall not be liable for any 28 injury or loss arising from the operation of the authorized 29 emergency vehicle unless reckless disregard for the safety of 30 persons or property is proven by clear and convincing evidence. 31 b. If a person brings a tort claim against the driver of 32 an authorized emergency vehicle, a municipality, as defined in 33 section 670.1, this state, or any other entity on whose behalf 34 the driver is operating the authorized emergency vehicle, for 35 -4- SF 442 (3) 88 ns/rh/mb 4/ 7

S.F. 442 any injury or loss arising from the operation of the authorized 1 emergency vehicle, the court shall determine, on motion by any 2 party or on its own motion, whether the person has presented 3 sufficient, admissible evidence to support a prima facie 4 finding of reckless disregard for the safety of persons or 5 property, before the matter proceeds to trial. 6 Sec. 7. Section 321.324A, Code 2019, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 4. a. The driver of an authorized 9 emergency vehicle may operate the vehicle as part of a funeral 10 procession if approved by each municipality, as defined in 11 section 670.1, in which the funeral procession occurs. 12 b. Notwithstanding any provision of law to the contrary, an 13 authorized emergency vehicle operating in a funeral procession 14 may display any of the vehicle’s lighting devices. This 15 subsection shall not be construed to exempt the driver of the 16 authorized emergency vehicle from any duty to operate the 17 vehicle with due regard for the safety of all persons. 18 Sec. 8. Section 321.433, Code 2019, is amended to read as 19 follows: 20 321.433 Sirens, whistles, air horns, and bells prohibited. 21 1. A vehicle shall not be equipped with and a person shall 22 not use upon a vehicle any siren, whistle, or bell, except as 23 otherwise permitted in this section or any other provision of 24 law . 25 2. It is permissible but not required that any commercial 26 vehicle be equipped with a theft alarm signal device which is 27 so arranged that it cannot be used by the driver as an ordinary 28 warning signal. 29 3. Any authorized emergency vehicle may be equipped with 30 a siren, whistle, air horn, or bell capable of emitting sound 31 audible under normal conditions from a distance of not less 32 than five hundred feet , but the . 33 4. An authorized emergency medical services program, fire 34 department, or law enforcement agency may equip one or more 35 -5- SF 442 (3) 88 ns/rh/mb 5/ 7

S.F. 442 vehicles with an air horn. 1 5. An official fire department vehicle, emergency medical 2 services program vehicle, or law enforcement vehicle owned 3 by the state, a municipality, as defined in section 670.1, 4 or a corporation providing emergency medical services to 5 a municipality pursuant to a written contract, that was 6 purchased, delivered, or refurbished on or after July 1, 7 2019, excluding an all-terrain vehicle or a special service 8 vehicle, shall be equipped with a two-hundred-watt electric 9 or electronic siren capable of emitting at least two distinct 10 siren tones, and one or more compatible siren speakers. 11 6. An authorized emergency vehicle’s siren, whistle, or 12 bell shall not be used except when the vehicle is operated in 13 response to an emergency call or an incident dangerous to the 14 public, in a parade or designated public service event, for a 15 demonstration, for maintenance, or in the immediate pursuit of 16 an actual or suspected violator of the law, and the driver of 17 the vehicle shall sound the siren, whistle, or bell when the 18 driver reasonably believes necessary to warn pedestrians and 19 other drivers of the approach of the vehicle. 20 7. For purposes of this section: 21 a. “Electric siren” means an audible warning device that 22 produces sound using an electric motor with an attached 23 rotating slotted or perforated disc. 24 b. “Electronic siren” means an audible warning device 25 that produces sound electronically using amplifiers and 26 electromagnetic speakers. 27 Sec. 9. Section 321.451, subsection 1, Code 2019, is amended 28 by adding the following new paragraphs: 29 NEW PARAGRAPH . g. A vehicle owned by a certified chief or 30 certified chief officer of a volunteer fire department, a fire 31 department comprised of a combination of volunteer and paid 32 members, or a nonprofit corporation that delivers emergency 33 services on behalf of a municipality, as defined in section 34 670.1, pursuant to a written contract, if the application for 35 -6- SF 442 (3) 88 ns/rh/mb 6/ 7

S.F. 442 a certificate of designation is requested by the chief of the 1 fire department. However, the department shall not approve 2 an application received pursuant to this paragraph unless 3 the owner of the vehicle has completed an emergency vehicle 4 operations course approved by the fire service training bureau, 5 as described in section 100B.6, provided proof of certification 6 as a fire officer, and provided proof of financial liability 7 coverage or risk pool coverage. 8 NEW PARAGRAPH . h. A vehicle owned by a chief or medical 9 director of an authorized emergency medical service provider, 10 if the application for a certificate of designation is 11 requested by the chief of the authorized emergency medical 12 service provider. However, the department shall not approve 13 an application received pursuant to this paragraph unless 14 the owner of the vehicle has completed an emergency vehicle 15 operations course approved by the department of public health, 16 and provided proof of financial liability coverage or risk pool 17 coverage. 18 Sec. 10. Section 321.451, Code 2019, is amended by adding 19 the following new subsections: 20 NEW SUBSECTION . 4. A public or private employer shall 21 not require an employee or volunteer to apply for or maintain 22 a certificate of designation pursuant to this section as a 23 condition of employment or of permitting the person to continue 24 to volunteer. A person shall not be required to operate or 25 use a vehicle designated as an authorized emergency vehicle 26 pursuant to this section. 27 NEW SUBSECTION . 5. This section shall not be construed 28 to exempt the state or a municipality, as defined in section 29 670.1, from any duty to purchase, equip, maintain, or otherwise 30 provide authorized emergency vehicles to meet any requirement 31 to provide public services, including law enforcement, fire 32 protection, rescue, or emergency medical services. 33 -7- SF 442 (3) 88 ns/rh/mb 7/ 7