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 23 only after slowing down as an emergency vehicle driver may be 24 necessary deem reasonable for safe operation in the same or 25 similar circumstances based on information known to the driver 26 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 , or emergency medical services vehicle as 33 provided in subsection 3 shall apply only when such vehicle is 34 making use of an audible signaling warning device meeting the 35 -1- LSB 1523SV (2) 88 ns/rh 1/ 11

S.F. 442 requirements of section 321.433 or a visual signaling device , 1 except that use of an audible or visual signaling device shall 2 not be required when exercising the authorized under this 3 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 does 9 not recklessly endanger the life of the officer or the vehicle, 10 and if the officer is pursuing a suspected violator of the 11 speed restrictions imposed by or pursuant to this chapter 12 for the purpose of determining the speed of travel of such 13 suspected violator , or if the officer reasonably believes based 14 on the facts and circumstances at the time that a suspected 15 violator’s knowledge of the officer’s proximity may cause the 16 suspected violator to destroy evidence of a suspected felony 17 or aggravated misdemeanor, evade apprehension, or endanger the 18 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 while using 22 a visual signaling device but without using an audible 23 warning device if a certified emergency medical care provider 24 reasonably believes the patient’s condition warrants limited 25 use of the vehicle’s audible warning device, provided the 26 driver activates the vehicle’s audible warning device when 27 necessary to warn motorists or pedestrians of the vehicle’s 28 approach, or when approaching an intersection. 29 Sec. 4. Section 321.231, Code 2019, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 3A. A peace officer operating an authorized 32 emergency vehicle may execute a lawful intervention technique 33 if such execution is reasonable under the circumstances based 34 on the information available to the officer at the time, and 35 -2- LSB 1523SV (2) 88 ns/rh 2/ 11

S.F. 442 the officer has completed a training course approved by the 1 Iowa law enforcement academy that instructs participants in 2 the proper execution of lawful intervention techniques. For 3 purposes of this subsection, “lawful intervention technique” 4 means a method by which a peace officer operating a motor 5 vehicle in pursuit of a fleeing motor vehicle causes or 6 attempts to cause the fleeing motor vehicle to stop. 7 Sec. 5. NEW SECTION . 321.231A Authorized emergency vehicles 8 —— parades and events. 9 1. The driver of an authorized emergency vehicle may operate 10 the vehicle as part of an official governmental event for the 11 purposes of the safety and security of an elected official, 12 candidate for public office, or the public, or as part of a 13 parade or other public service event if the parade or event 14 is approved by the state or a municipality, as defined in 15 section 670.1, and notice of the parade or event is publicly 16 disseminated by the state or municipality in the area where the 17 parade or event will occur at least five days prior to the date 18 on which the parade or event will occur. 19 2. Notwithstanding any provision of law to the contrary, an 20 authorized emergency vehicle operating in a parade or event may 21 display any of the vehicle’s lighting devices. This subsection 22 shall not be construed to exempt the driver of the authorized 23 emergency vehicle from any duty to operate the vehicle with due 24 regard for the safety of all persons. 25 Sec. 6. NEW SECTION . 321.231B Authorized emergency vehicles 26 —— immunity from liability. 27 1. A fire fighter who is certified by the fire service 28 training bureau, as described in section 100B.6, as a fire 29 apparatus driver or operator and who has completed an emergency 30 vehicle operations course and any applicable continuing 31 education requirements established or approved by the fire 32 service training bureau shall not be liable for any injury or 33 loss arising from the fire fighter’s operation of an authorized 34 emergency vehicle in response to an emergency call or to an 35 -3- LSB 1523SV (2) 88 ns/rh 3/ 11

S.F. 442 incident dangerous to the public unless the fire fighter 1 operates the vehicle with reckless disregard for the safety of 2 persons or property. 3 2. An emergency medical care provider, as defined in section 4 147A.1, who has completed an emergency vehicle operations 5 course and any applicable continuing education requirements 6 established or approved by the department of public health 7 shall not be liable for any injury or loss arising from the 8 provider’s operation of an authorized emergency vehicle in 9 response to an emergency call or to an incident dangerous 10 to the public unless the provider operates the vehicle with 11 reckless disregard for the safety of persons or property. 12 3. A peace officer, as defined in section 801.4, or a 13 reserve peace officer, as defined in section 80D.1A, who has 14 completed an emergency vehicle operations course and any 15 applicable continuing education requirements established 16 or approved by the Iowa law enforcement academy shall not 17 be liable for any injury or loss arising from the officer’s 18 operation of an authorized emergency vehicle in response to an 19 emergency call or to an incident dangerous to the public unless 20 the officer operates the vehicle with reckless disregard for 21 the safety of persons or property. 22 4. Subsections 1 through 3 apply only when, in response to 23 an emergency call or to an incident dangerous to the public, 24 the authorized emergency vehicle is making use of a siren 25 meeting the requirements of section 321.433 or flashing blue 26 and red lights authorized under this chapter. The protections 27 from liability provided by subsections 1 through 3 apply in 28 addition to any other defenses to liability provided by law. 29 5. a. The driver of an authorized emergency vehicle shall 30 not be liable for any injury or loss arising from the operation 31 of the authorized emergency vehicle unless reckless disregard 32 for the safety of persons or property is proven by clear and 33 convincing evidence. 34 b. If a person brings a tort claim against the driver of 35 -4- LSB 1523SV (2) 88 ns/rh 4/ 11

S.F. 442 an authorized emergency vehicle, a municipality, as defined in 1 section 670.1, or this state, for any injury or loss arising 2 from the operation of the authorized emergency vehicle, the 3 court shall determine, on motion by any party or on its own 4 motion, whether the person has presented sufficient, admissible 5 evidence to support a prima facie finding of reckless disregard 6 for the safety of persons or property, before the matter 7 proceeds to trial. 8 Sec. 7. Section 321.324A, Code 2019, is amended by adding 9 the following new subsection: 10 NEW SUBSECTION . 4. a. The driver of an authorized 11 emergency vehicle may operate the vehicle as part of a funeral 12 procession if approved by each municipality, as defined in 13 section 670.1, in which the funeral procession occurs. 14 b. Notwithstanding any provision of law to the contrary, an 15 authorized emergency vehicle operating in a funeral procession 16 may display any of the vehicle’s lighting devices. This 17 subsection shall not be construed to exempt the driver of the 18 authorized emergency vehicle from any duty to operate the 19 vehicle with due regard for the safety of all persons. 20 Sec. 8. Section 321.433, Code 2019, is amended to read as 21 follows: 22 321.433 Sirens, whistles, air horns, and bells prohibited. 23 1. A vehicle shall not be equipped with and a person shall 24 not use upon a vehicle any siren, whistle, or bell, except as 25 otherwise permitted in this section or any other provision of 26 law . 27 2. It is permissible but not required that any commercial 28 vehicle be equipped with a theft alarm signal device which is 29 so arranged that it cannot be used by the driver as an ordinary 30 warning signal. 31 3. Any authorized emergency vehicle may be equipped with 32 a siren, whistle, air horn, or bell capable of emitting sound 33 audible under normal conditions from a distance of not less 34 than five hundred feet , but the . 35 -5- LSB 1523SV (2) 88 ns/rh 5/ 11

S.F. 442 4. An authorized emergency medical services program, fire 1 department, or law enforcement agency may equip one or more 2 vehicles with an air horn. 3 5. An official fire department vehicle, emergency medical 4 services program vehicle, or law enforcement vehicle owned 5 by the state, a municipality, as defined in section 670.1, 6 or a corporation providing emergency medical services to 7 a municipality pursuant to a written contract, that was 8 purchased, delivered, or refurbished on or after July 1, 9 2019, excluding an all-terrain vehicle or a special service 10 vehicle, shall be equipped with a two-hundred-watt electric 11 or electronic siren capable of emitting at least two distinct 12 siren tones, and one or more compatible siren speakers. 13 6. An authorized emergency vehicle’s siren, whistle, or 14 bell shall not be used except when the vehicle is operated in 15 response to an emergency call or an incident dangerous to the 16 public, in a parade or designated public service event, for a 17 demonstration, for maintenance, or in the immediate pursuit of 18 an actual or suspected violator of the law, and the driver of 19 the vehicle shall sound the siren, whistle, or bell when the 20 driver reasonably believes necessary to warn pedestrians and 21 other drivers of the approach of the vehicle. 22 7. For purposes of this section: 23 a. “Electric siren” means an audible warning device that 24 produces sound using an electric motor with an attached 25 rotating slotted or perforated disc. 26 b. “Electronic siren” means an audible warning device 27 that produces sound electronically using amplifiers and 28 electromagnetic speakers. 29 Sec. 9. Section 321.451, subsection 1, Code 2019, is amended 30 by adding the following new paragraphs: 31 NEW PARAGRAPH . g. A vehicle owned by a certified chief or 32 certified chief officer of a volunteer fire department, a fire 33 department comprised of a combination of volunteer and paid 34 members, or a nonprofit corporation that delivers emergency 35 -6- LSB 1523SV (2) 88 ns/rh 6/ 11

S.F. 442 services on behalf of a municipality, as defined in section 1 670.1, pursuant to a written contract, if the application for 2 a certificate of designation is requested by the chief of the 3 fire department. However, the department shall not approve 4 an application received pursuant to this paragraph unless 5 the owner of the vehicle has completed an emergency vehicle 6 operations course approved by the fire service training bureau, 7 as described in section 100B.6, provided proof of certification 8 as a fire officer, and provided proof of financial liability 9 coverage or risk pool coverage. 10 NEW PARAGRAPH . h. A vehicle owned by a chief or medical 11 director of an authorized emergency medical service provider, 12 if the application for a certificate of designation is 13 requested by the chief of the authorized emergency medical 14 service provider. However, the department shall not approve 15 an application received pursuant to this paragraph unless 16 the owner of the vehicle has completed an emergency vehicle 17 operations course approved by the department of public health, 18 and provided proof of financial liability coverage or risk pool 19 coverage. 20 Sec. 10. Section 321.451, Code 2019, is amended by adding 21 the following new subsections: 22 NEW SUBSECTION . 4. A public or private employer shall 23 not require an employee or volunteer to apply for or maintain 24 a certificate of designation pursuant to this section as a 25 condition of employment or of permitting the person to continue 26 to volunteer. A person shall not be required to operate or 27 use a vehicle designated as an authorized emergency vehicle 28 pursuant to this section. 29 NEW SUBSECTION . 5. This section shall not be construed 30 to exempt the state or a municipality, as defined in section 31 670.1, from any duty to purchase, equip, maintain, or otherwise 32 provide authorized emergency vehicles to meet any requirement 33 to provide public services, including law enforcement, fire 34 protection, rescue, or emergency medical services. 35 -7- LSB 1523SV (2) 88 ns/rh 7/ 11

S.F. 442 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 OPERATION IN EMERGENCY SITUATIONS. This bill allows the 4 driver of an authorized emergency vehicle, when responding 5 to an emergency call, when in the pursuit of an actual or 6 suspected perpetrator of a felony or misdemeanor, in response 7 to an incident dangerous to the public, or when responding 8 to but not upon returning from a fire alarm, to drive the 9 vehicle on the shoulder or median of a highway, to disregard 10 laws or regulations governing turning the vehicle in specified 11 directions, and to disregard laws or regulations governing 12 overtaking or passing other motorists. The bill also allows 13 official fire department vehicles, police vehicles, rescue 14 vehicles, ambulances, emergency medical services vehicles, and 15 peace officers riding a police bicycle to proceed past a red 16 or stop signal or stop sign, but only after slowing down as an 17 emergency vehicle driver may deem reasonable for safe operation 18 in the same or similar circumstances based on information known 19 to the driver at the time, and to exceed the maximum speed 20 limits so long as the driver does not recklessly endanger life 21 or property. 22 Under current law, authorized emergency vehicles are 23 permitted to operate in this manner only when such vehicles are 24 making use of an audible or visual signaling device, except a 25 vehicle operated by a peace officer is not required to use an 26 audible or visual signaling device if the officer is pursuing 27 a suspected violator of a speed limit. The bill provides 28 that a peace officer is also not required to use an audible 29 or visual device if the officer reasonably believes based 30 on the facts and circumstances at the time that a suspected 31 violator’s knowledge of the officer’s proximity may cause the 32 suspected violator to destroy evidence of a suspected felony 33 or aggravated misdemeanor, evade apprehension, or endanger the 34 public or the officer. However, the bill permits such action 35 -8- LSB 1523SV (2) 88 ns/rh 8/ 11

S.F. 442 only if the action does not recklessly endanger the life of the 1 officer or the vehicle. 2 The bill provides that the driver of an authorized emergency 3 vehicle transporting a patient to a hospital is not required 4 to use an audible warning device while exceeding a speed limit 5 if a certified emergency medical care provider reasonably 6 believes the patient’s condition warrants limited use of the 7 vehicle’s audible warning device, provided the driver activates 8 the vehicle’s audible warning device when necessary to warn 9 motorists or pedestrians of the vehicle’s approach, or when 10 approaching an intersection. 11 The bill further provides that a peace officer operating an 12 authorized emergency vehicle may execute a lawful intervention 13 technique, as defined in the bill, if such execution is 14 reasonable under the circumstances based on the information 15 available to the officer at the time, and the officer 16 has completed a training course approved by the Iowa law 17 enforcement academy that instructs participants in the proper 18 execution of lawful intervention techniques. 19 By operation of law, a violation of these provisions of the 20 bill is punishable by a scheduled fine of $100. 21 PARADES AND EVENTS. The bill allows the driver of an 22 authorized emergency vehicle to operate the vehicle as part of 23 an official governmental event for the purposes of the safety 24 and security of an elected official, candidate for public 25 office, or the public, or as part of a parade or other public 26 service event if the parade or event is approved by the state 27 or a municipality and notice of the parade or event is publicly 28 disseminated by the state or municipality at least five days 29 prior to the date on which the parade or event will occur. In 30 addition, the bill allows an authorized emergency vehicle to 31 operate in a parade or event while displaying the vehicle’s 32 lighting devices. 33 IMMUNITY FROM LIABILITY. The bill provides that a certified 34 fire fighter, emergency medical care provider, peace officer, 35 -9- LSB 1523SV (2) 88 ns/rh 9/ 11

S.F. 442 or reserve peace officer who has completed certain training 1 shall not be liable for any injury or loss arising from the 2 operation of an authorized emergency vehicle in response to 3 an emergency call or to an incident dangerous to the public 4 unless the vehicle is operated with reckless disregard for the 5 safety of persons or property. This provision of the bill 6 only applies when, in response to an emergency call or to an 7 incident dangerous to the public, the authorized emergency 8 vehicle is making use of a siren or flashing blue and red 9 lights. 10 The bill specifies that the driver of an authorized 11 emergency vehicle shall not be liable for any injury or loss 12 arising from the operation of the vehicle unless reckless 13 disregard for the safety of persons or property is proven by 14 clear and convincing evidence. If a person brings a tort 15 claim against the driver of an authorized emergency vehicle, a 16 municipality, or the state for any injury or loss arising from 17 the operation of the authorized emergency vehicle, the bill 18 requires a court to determine, on motion by any party or on 19 its own motion, whether the person has presented sufficient, 20 admissible evidence to support a prima facie finding of 21 reckless disregard for the safety of persons or property, 22 before the matter proceeds to trial. 23 FUNERAL PROCESSIONS. The bill authorizes a driver of an 24 authorized emergency vehicle to operate the vehicle as part of 25 a funeral procession if approved by each municipality in which 26 the funeral procession occurs. The bill allows an authorized 27 emergency vehicle operating in a funeral procession to display 28 the vehicle’s lighting devices. 29 SIRENS AND AIR HORNS. The bill allows an authorized 30 emergency medical services program, fire department, or law 31 enforcement agency to equip one or more vehicles with an air 32 horn. The bill requires such vehicles purchased, delivered, 33 or refurbished on or after July 1, 2019, to be equipped with 34 a 200-watt electric or electronic siren capable of emitting 35 -10- LSB 1523SV (2) 88 ns/rh 10/ 11

S.F. 442 at least two distinct siren tones, and one or more compatible 1 siren speakers. 2 The bill prohibits an authorized emergency vehicle’s siren, 3 whistle, or bell from being used except when the vehicle is 4 operated in response to an emergency call or to an incident 5 dangerous to the public, in a parade or designated public 6 service event, for a demonstration, for maintenance, or in the 7 immediate pursuit of an actual or suspected violator of the 8 law. The bill requires the driver of the vehicle to sound the 9 siren, whistle, or bell when the driver reasonably believes 10 necessary to warn pedestrians and other drivers of the approach 11 of the vehicle. 12 By operation of law, a violation of this provision is 13 punishable by a scheduled fine of $30. 14 DESIGNATION AS AUTHORIZED EMERGENCY VEHICLE. The bill 15 includes in the list of vehicles authorized to be designated 16 as authorized emergency vehicles those vehicles owned by a 17 certified chief or certified chief officer of a volunteer fire 18 department, a fire department comprised of a combination of 19 volunteer and paid members, or a nonprofit corporation that 20 delivers emergency services; and vehicles owned by a chief or 21 medical director of an authorized emergency medical service 22 provider. The bill requires the completion of certain training 23 and proof of financial liability coverage or risk pool coverage 24 to obtain the designation. 25 The bill prohibits a public or private employer from 26 requiring an employee or volunteer to apply for or maintain a 27 certificate of designation for an authorized emergency vehicle, 28 and from requiring a person to operate or use an authorized 29 emergency vehicle. 30 -11- LSB 1523SV (2) 88 ns/rh 11/ 11