H.F. _____ 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 a speed deemed necessary for 25 safe operation by the driver based on information known to the 26 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 2273YC (1) 89 th/ns 1/ 12

H.F. _____ 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 2273YC (1) 89 th/ns 2/ 12

H.F. _____ 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 2273YC (1) 89 th/ns 3/ 12

H.F. _____ 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 2273YC (1) 89 th/ns 4/ 12

H.F. _____ 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 2273YC (1) 89 th/ns 5/ 12

H.F. _____ 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 2273YC (1) 89 th/ns 6/ 12

H.F. _____ 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 2273YC (1) 89 th/ns 7/ 12

H.F. _____ 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, or emergency medical services. 17 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 18 immediate importance, takes effect upon enactment. 19 Sec. 12. APPLICABILITY. The following applies to causes of 20 action accrued on or after the effective date of this Act: 21 The section of this Act enacting section 321.231B. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 OPERATION IN EMERGENCY SITUATIONS. This bill allows 26 the driver of an authorized emergency vehicle to exercise 27 the privileges set forth in Code section 321.231 when in 28 pursuit of a perpetrator of a misdemeanor, in addition to 29 the circumstances allowed under current law. Under such 30 circumstances, the bill allows the driver of an authorized 31 emergency vehicle to drive the vehicle on the shoulder or 32 median of a highway, to disregard laws or regulations governing 33 turning the vehicle in specified directions, and to disregard 34 laws or regulations governing overtaking or passing other 35 -8- LSB 2273YC (1) 89 th/ns 8/ 12

H.F. _____ motorists. The bill also allows the drivers of official 1 fire department vehicles, police vehicles, rescue vehicles, 2 ambulances, emergency medical services vehicles, emergency 3 management vehicles, and peace officers riding a police 4 bicycle to proceed past a red or stop signal or stop sign, 5 but only after slowing down to a speed deemed necessary for 6 safe operation by the driver based on information known to the 7 driver at the time, and to exceed the maximum speed limits 8 so long as the driver does not recklessly endanger life or 9 property. 10 Under current law, authorized emergency vehicles are 11 permitted to operate in this manner only when such vehicles are 12 making use of an audible or visual signaling device, except a 13 vehicle operated by a peace officer is not required to use an 14 audible or visual signaling device if the officer is pursuing a 15 suspected violator of a speed limit. The bill instead requires 16 the use of an audible warning or visual signaling device, and 17 provides that a peace officer is not required to use an audible 18 warning or visual signaling device if the officer reasonably 19 believes based on the facts and circumstances at the time that 20 a suspected violator’s knowledge of the officer’s proximity 21 may cause the suspected violator to destroy evidence of a 22 suspected felony or aggravated misdemeanor, evade apprehension, 23 or endanger the public or the officer. However, the bill 24 permits such action only if the action occurs over the shortest 25 distance necessary and does not recklessly endanger persons or 26 property. 27 The bill provides that the driver of an authorized emergency 28 vehicle transporting a patient to a hospital is not required 29 to use an audible warning or visual signaling device while 30 exceeding a speed limit if a certified emergency medical care 31 provider reasonably believes the patient’s condition warrants 32 rapid transport. 33 The bill further provides that a peace officer operating an 34 authorized emergency vehicle may execute a pursuit intervention 35 -9- LSB 2273YC (1) 89 th/ns 9/ 12

H.F. _____ technique, as defined in the bill, if such execution is 1 reasonable under the circumstances based on the information 2 perceived by the officer at the time, and the officer 3 has completed a training course approved by the Iowa law 4 enforcement academy that instructs participants in the proper 5 execution of pursuit intervention techniques. 6 By operation of law, a violation of these provisions of the 7 bill is punishable by a scheduled fine of $135. 8 PARADES AND EVENTS. The bill allows the driver of an 9 authorized emergency vehicle to operate the vehicle as part of 10 an official governmental event for the purposes of the safety 11 and security of an elected official, candidate for public 12 office, or the public, or as part of a parade or other public 13 service event if the parade or event is approved by the state 14 or a municipality at least one day prior to the date on which 15 the parade or event will occur. In addition, the bill allows 16 an authorized emergency vehicle to operate in a parade or event 17 while displaying the vehicle’s lighting devices. 18 IMMUNITY FROM LIABILITY. The bill provides that a certified 19 fire fighter, emergency medical care provider, peace officer, 20 reserve peace officer, or emergency management agency employee 21 who has completed certain training, or an associated entity, 22 shall not be liable for any consequence of injury or loss 23 arising from the operation of an authorized emergency vehicle 24 in response to an emergency call or to an incident dangerous 25 to the public unless the vehicle is operated with reckless 26 disregard for the safety of persons or property. This 27 provision of the bill only applies when, in response to an 28 emergency call or to an incident dangerous to the public, 29 the authorized emergency vehicle is making use of a siren or 30 flashing blue and red lights. 31 The bill specifies that the driver of an authorized 32 emergency vehicle shall not be liable for any injury or loss 33 arising from the operation of the vehicle unless reckless 34 disregard for the safety of persons or property is proven by 35 -10- LSB 2273YC (1) 89 th/ns 10/ 12

H.F. _____ a preponderance of the evidence. If a person brings a tort 1 claim against the driver of an authorized emergency vehicle, a 2 municipality, or the state for any injury or loss arising from 3 the operation of the authorized emergency vehicle, the bill 4 requires a court to determine, on motion by any party or on 5 its own motion, whether the person has presented sufficient, 6 admissible evidence to support a prima facie finding of 7 recklessness before the matter proceeds to trial. 8 FUNERAL PROCESSIONS. The bill authorizes a driver of an 9 authorized emergency vehicle to operate the vehicle as part of 10 a funeral procession, and a peace officer may provide traffic 11 control upon request or when necessary for the safety of all 12 persons. The bill allows an authorized emergency vehicle 13 operating in a funeral procession to display the vehicle’s 14 lighting devices. 15 SIRENS AND AIR HORNS. The bill allows an authorized 16 emergency medical services program, fire department, or law 17 enforcement agency to equip one or more vehicles with an 18 air horn or low-frequency siren. The bill requires certain 19 vehicles purchased, delivered, or refurbished on or after July 20 1, 2021, to be equipped with a 200-watt electric or electronic 21 siren capable of emitting at least two distinct siren tones, 22 and one or more compatible siren speakers. 23 The bill prohibits an authorized emergency vehicle’s siren, 24 whistle, air horn, or bell from being used except when the 25 vehicle is operated in response to an emergency call or to an 26 incident dangerous to the public, in a parade or designated 27 public service event, for a demonstration, for maintenance, or 28 in the immediate pursuit of an actual or suspected violator 29 of the law. The bill requires the driver of the vehicle to 30 sound the siren, whistle, air horn, or bell when the driver 31 reasonably believes necessary to warn pedestrians and other 32 drivers of the approach of the vehicle. 33 By operation of law, a violation of this provision is 34 punishable by a scheduled fine of $45. 35 -11- LSB 2273YC (1) 89 th/ns 11/ 12

H.F. _____ DESIGNATION AS AUTHORIZED EMERGENCY VEHICLE. The bill 1 includes in the list of vehicles authorized to be designated 2 as authorized emergency vehicles those vehicles owned by a 3 certified chief or certified fire officer of a volunteer fire 4 department, a fire department comprised of a combination 5 of volunteer and paid members, or a nonprofit corporation 6 that delivers emergency services; and vehicles owned by a 7 chief, medical director, or certified medical provider of an 8 authorized emergency medical service. The bill requires the 9 completion of certain training and proof of financial liability 10 coverage or risk pool coverage to obtain the designation. 11 The bill prohibits a public or private entity from requiring 12 an employee or volunteer to apply for or maintain a certificate 13 of designation for an authorized emergency vehicle, and from 14 requiring a person to operate or use an authorized emergency 15 vehicle. 16 EFFECTIVE DATE AND APPLICABILITY. The bill takes effect 17 upon enactment, and Code section 321.231B (limiting liability 18 for certain authorized emergency vehicle operators), as enacted 19 in the bill, applies to causes of action accrued on or after 20 the effective date of the bill. 21 -12- LSB 2273YC (1) 89 th/ns 12/ 12