S.F. 72 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, 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 to 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- LSB 1691XS (4) 89 th/ns 1/ 12

S.F. 72 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 occurs 8 over the shortest distance necessary, does not recklessly 9 endanger persons or property, and if the officer is pursuing 10 a suspected violator of the speed restrictions imposed by or 11 pursuant to this chapter for the purpose of determining the 12 speed of travel of such suspected violator , or if the officer 13 reasonably believes based on the facts and circumstances 14 at the time that a suspected violator’s knowledge of the 15 officer’s proximity may cause the suspected violator to destroy 16 evidence of a suspected felony or aggravated misdemeanor, evade 17 apprehension, or endanger the 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 without using 21 a visual signaling device or audible warning device if a 22 certified emergency medical care provider reasonably believes 23 the patient’s condition warrants rapid transport. 24 Sec. 4. Section 321.231, Code 2021, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 3A. A peace officer operating an authorized 27 emergency vehicle may execute a pursuit intervention technique 28 if such execution is reasonable under the circumstances based 29 on the information perceived by the officer at the time, and 30 the officer has completed a training course approved by the 31 Iowa law enforcement academy that instructs participants in 32 the proper execution of pursuit intervention techniques. For 33 purposes of this subsection, “pursuit intervention technique” 34 means a method by which a peace officer operating a motor 35 -2- LSB 1691XS (4) 89 th/ns 2/ 12

S.F. 72 vehicle in pursuit of a fleeing motor vehicle causes or 1 attempts to cause the fleeing motor vehicle to stop, including 2 by use of reasonable force. This subsection shall not be 3 construed to limit a peace officer’s objectively reasonable use 4 of force in connection with a pursuit. 5 Sec. 5. NEW SECTION . 321.231A Authorized emergency vehicles 6 —— parades and events. 7 1. The driver of an authorized emergency vehicle may operate 8 the vehicle as part of an official governmental event for the 9 purposes of the safety and security of an elected official, 10 candidate for public office, or the public, or as part of a 11 parade or other public service event if the parade or event is 12 approved by the state or a municipality, as defined in section 13 670.1, at least one day prior to the date on which the parade or 14 event will occur. 15 2. Notwithstanding any provision of law to the contrary, an 16 authorized emergency vehicle operating in a parade or event may 17 display any of the vehicle’s lighting devices. This subsection 18 shall not be construed to exempt the driver of the authorized 19 emergency vehicle from any duty to operate the vehicle with due 20 regard for the safety of all persons. 21 Sec. 6. NEW SECTION . 321.231B Authorized emergency vehicles 22 —— immunity from liability. 23 1. The following shall not be liable for the consequence of 24 any injury or loss arising from the operation of an authorized 25 emergency vehicle in response to an emergency call or to an 26 incident dangerous to the public unless the driver operates the 27 authorized emergency vehicle with reckless disregard for the 28 safety of persons or property: 29 a. A fire fighter operating the authorized emergency 30 vehicle who is certified by the fire service training bureau, 31 as described in section 100B.6, as a fire apparatus driver 32 operator, or an operator who has completed an emergency vehicle 33 operations course and any applicable continuing education 34 requirements established or approved by the fire service 35 -3- LSB 1691XS (4) 89 th/ns 3/ 12

S.F. 72 training bureau. 1 b. An emergency medical care provider, as defined in 2 section 147A.1, operating the authorized emergency vehicle who 3 has completed an emergency vehicle operations course and any 4 applicable continuing education requirements established or 5 approved by the department of public health. 6 c. A peace officer, as defined in section 801.4, or a 7 reserve peace officer, as defined in section 80D.1A, operating 8 the authorized emergency vehicle who has completed an emergency 9 vehicle operations course and any applicable continuing 10 education requirements established or approved by the Iowa law 11 enforcement academy. 12 d. An emergency management agency employee operating the 13 authorized emergency vehicle who has completed an emergency 14 vehicle operations course and any applicable continuing 15 education requirements established or approved by the local or 16 joint emergency management commission, and where the local or 17 joint emergency management commission has adopted a written 18 policy related to emergency vehicle operations. For purposes 19 of this paragraph, “emergency management agency employee” means 20 a member of the personnel, including but not limited to the 21 coordinator, an operations officer, or an emergency management 22 assistant, of a local or joint emergency management commission. 23 e. Any entity, including a nonprofit corporation, on whose 24 behalf the fire fighter, emergency medical care provider, peace 25 officer, reserve peace officer, or emergency management agency 26 employee is operating the authorized emergency vehicle. 27 2. The protections from liability set forth in subsection 28 1 apply only when, in response to an emergency call or to an 29 incident dangerous to the public, the driver operating the 30 authorized emergency vehicle is utilizing a siren meeting the 31 requirements of section 321.433 or flashing blue and red lights 32 authorized under this chapter. The protections from liability 33 provided by subsection 1 apply in addition to any other defense 34 to liability provided by law. This section shall not be 35 -4- LSB 1691XS (4) 89 th/ns 4/ 12

S.F. 72 construed to lower the standard of recklessness to recover 1 against any entity or authorized emergency vehicle driver. 2 3. a. The driver of an authorized emergency vehicle, 3 and any entity on whose behalf the driver is operating the 4 authorized emergency vehicle, shall not be liable for any 5 injury or loss arising from the operation of the authorized 6 emergency vehicle unless reckless disregard for the safety 7 of persons or property is proven by a preponderance of the 8 evidence. 9 b. If a person brings a tort claim against the driver of 10 an authorized emergency vehicle, a municipality, as defined in 11 section 670.1, this state, or any other entity on whose behalf 12 the driver is operating the authorized emergency vehicle, for 13 any injury or loss arising from the operation of the authorized 14 emergency vehicle, the court shall determine, on motion by any 15 party or on its own motion, whether the person has presented 16 sufficient, admissible evidence to support a prima facie 17 finding of recklessness before the matter proceeds to trial. 18 Sec. 7. Section 321.324A, Code 2021, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 3A. a. The driver of an authorized 21 emergency vehicle may operate the vehicle as part of a funeral 22 procession, and a peace officer may provide traffic control 23 relating to a funeral procession upon request or when necessary 24 for the safety of all persons. 25 b. Notwithstanding any provision of law to the contrary, an 26 authorized emergency vehicle operating in a funeral procession 27 or for traffic control relating to a funeral procession may 28 display any of the vehicle’s lighting devices. This subsection 29 shall not be construed to exempt the driver of the authorized 30 emergency vehicle from any duty to operate the vehicle with due 31 regard for the safety of all persons. 32 Sec. 8. Section 321.433, Code 2021, is amended to read as 33 follows: 34 321.433 Sirens, whistles, air horns, and bells prohibited. 35 -5- LSB 1691XS (4) 89 th/ns 5/ 12

S.F. 72 1. A vehicle shall not be equipped with and a person shall 1 not use upon a vehicle any siren, whistle, or bell, except as 2 otherwise permitted in this section or any other provision of 3 law . 4 2. It is permissible but not required that any commercial 5 vehicle be equipped with a theft alarm signal device which is 6 so arranged that it cannot be used by the driver as an ordinary 7 warning signal. 8 3. Any authorized emergency vehicle may be equipped with 9 a siren, whistle, air horn, or bell capable of emitting sound 10 audible under normal conditions from a distance of not less 11 than five hundred feet , but the . 12 4. An authorized emergency medical services program, fire 13 department, or law enforcement agency may equip one or more 14 vehicles with an air horn or a low-frequency siren. 15 5. An official fire department vehicle, emergency medical 16 services program vehicle, or law enforcement vehicle owned 17 by the state, a municipality, as defined in section 670.1, 18 or a corporation providing emergency medical services to 19 a municipality pursuant to a written contract, that was 20 purchased, delivered, or refurbished on or after July 1, 21 2021, excluding an all-terrain vehicle or a special service 22 vehicle, shall be equipped with a two-hundred-watt electric 23 or electronic siren capable of emitting at least two distinct 24 siren tones, and one or more compatible siren speakers. 25 6. An authorized emergency vehicle’s siren, whistle, 26 air horn, or bell shall not be used except when the vehicle 27 is operated in response to an emergency call or an incident 28 dangerous to the public, in a parade or designated public 29 service event, for a demonstration, for maintenance, or in 30 the immediate pursuit of an actual or suspected violator of 31 the law, and the driver of the vehicle shall sound the siren, 32 whistle, air horn, or bell when the driver reasonably believes 33 necessary to warn pedestrians and other drivers of the approach 34 of the vehicle. 35 -6- LSB 1691XS (4) 89 th/ns 6/ 12

S.F. 72 7. For purposes of this section: 1 a. “Electric siren” means an audible warning device that 2 produces sound using an electric motor with an attached 3 rotating slotted or perforated disc. 4 b. “Electronic siren” means an audible warning device 5 that produces sound electronically using amplifiers and 6 electromagnetic speakers. 7 c. “Low-frequency siren” means a siren that produces 8 low-frequency sound waves and is used in addition to an 9 electric or electronic siren. 10 Sec. 9. Section 321.451, subsection 1, Code 2021, is amended 11 by adding the following new paragraphs: 12 NEW PARAGRAPH . g. A vehicle owned by a certified chief or 13 certified fire officer of a volunteer fire department, a fire 14 department comprised of a combination of volunteer and paid 15 members, or a nonprofit corporation that delivers emergency 16 services on behalf of a municipality, as defined in section 17 670.1, pursuant to a written contract, if the application for a 18 certificate of designation is requested by the certified chief 19 or certified fire officer of the fire department. However, the 20 department shall not approve an application received pursuant 21 to this paragraph unless the owner of the vehicle has completed 22 an emergency vehicle operations course approved by the fire 23 service training bureau, as described in section 100B.6, 24 provided proof of certification as a fire officer, and provided 25 proof of financial liability coverage or risk pool coverage. 26 NEW PARAGRAPH . h. A vehicle owned by a chief, medical 27 director, or certified medical provider of an authorized 28 emergency medical service, if the application for a certificate 29 of designation is requested by the chief, medical officer, or 30 medical director of the authorized emergency medical service. 31 However, the department shall not approve an application 32 received pursuant to this paragraph unless the owner of the 33 vehicle has completed an emergency vehicle operations course 34 approved by the department of public health, and provided proof 35 -7- LSB 1691XS (4) 89 th/ns 7/ 12

S.F. 72 of financial liability coverage or risk pool coverage. 1 Sec. 10. Section 321.451, Code 2021, is amended by adding 2 the following new subsections: 3 NEW SUBSECTION . 4. A public or private entity shall not 4 require an employee or volunteer to apply for or maintain 5 a certificate of designation pursuant to this section as a 6 condition of employment or of permitting the person to continue 7 to volunteer. A person shall not be required to operate or 8 use a vehicle designated as an authorized emergency vehicle 9 pursuant to this section. 10 NEW SUBSECTION . 5. This section shall not be construed 11 to exempt the state or a municipality, as defined in section 12 670.1, from any duty to purchase, equip, maintain, or otherwise 13 provide authorized emergency vehicles to meet any requirement 14 to provide public services, including law enforcement, fire 15 protection, rescue, or emergency medical services. 16 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 17 immediate importance, takes effect upon enactment. 18 Sec. 12. APPLICABILITY. The following applies to causes of 19 action accrued on or after the effective date of this Act: 20 The section of this Act enacting section 321.231B. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 OPERATION IN EMERGENCY SITUATIONS. This bill allows 25 the driver of an authorized emergency vehicle to exercise 26 the privileges set forth in Code section 321.231 when in 27 pursuit of a perpetrator of a misdemeanor, in addition to 28 the circumstances allowed under current law. Under such 29 circumstances, the bill allows the driver of an authorized 30 emergency vehicle to drive the vehicle on the shoulder or 31 median of a highway, to disregard laws or regulations governing 32 turning the vehicle in specified directions, and to disregard 33 laws or regulations governing overtaking or passing other 34 motorists. The bill also allows the drivers of official 35 -8- LSB 1691XS (4) 89 th/ns 8/ 12

S.F. 72 fire department vehicles, police vehicles, rescue vehicles, 1 ambulances, emergency medical services vehicles, and peace 2 officers riding a police bicycle to proceed past a red or stop 3 signal or stop sign, but only after slowing down to a speed 4 deemed necessary for safe operation by the driver based on 5 information known to the driver at the time, and to exceed the 6 maximum speed limits so long as the driver does not recklessly 7 endanger life or property. 8 Under current law, authorized emergency vehicles are 9 permitted to operate in this manner only when such vehicles are 10 making use of an audible or visual signaling device, except a 11 vehicle operated by a peace officer is not required to use an 12 audible or visual signaling device if the officer is pursuing a 13 suspected violator of a speed limit. The bill instead requires 14 the use of an audible warning or visual signaling device, and 15 provides that a peace officer is not required to use an audible 16 warning or visual signaling device if the officer reasonably 17 believes based on the facts and circumstances at the time that 18 a suspected violator’s knowledge of the officer’s proximity 19 may cause the suspected violator to destroy evidence of a 20 suspected felony or aggravated misdemeanor, evade apprehension, 21 or endanger the public or the officer. However, the bill 22 permits such action only if the action occurs over the shortest 23 distance necessary and does not recklessly endanger persons or 24 property. 25 The bill provides that the driver of an authorized emergency 26 vehicle transporting a patient to a hospital is not required 27 to use an audible warning or visual signaling device while 28 exceeding a speed limit if a certified emergency medical care 29 provider reasonably believes the patient’s condition warrants 30 rapid transport. 31 The bill further provides that a peace officer operating an 32 authorized emergency vehicle may execute a pursuit intervention 33 technique, as defined in the bill, if such execution is 34 reasonable under the circumstances based on the information 35 -9- LSB 1691XS (4) 89 th/ns 9/ 12

S.F. 72 perceived by the officer at the time, and the officer 1 has completed a training course approved by the Iowa law 2 enforcement academy that instructs participants in the proper 3 execution of pursuit intervention techniques. 4 By operation of law, a violation of these provisions of the 5 bill is punishable by a scheduled fine of $135. 6 PARADES AND EVENTS. The bill allows the driver of an 7 authorized emergency vehicle to operate the vehicle as part of 8 an official governmental event for the purposes of the safety 9 and security of an elected official, candidate for public 10 office, or the public, or as part of a parade or other public 11 service event if the parade or event is approved by the state 12 or a municipality at least one day prior to the date on which 13 the parade or event will occur. In addition, the bill allows 14 an authorized emergency vehicle to operate in a parade or event 15 while displaying the vehicle’s lighting devices. 16 IMMUNITY FROM LIABILITY. The bill provides that a certified 17 fire fighter, emergency medical care provider, peace officer, 18 reserve peace officer, or emergency management agency employee 19 who has completed certain training, or an associated entity, 20 shall not be liable for any consequence of injury or loss 21 arising from the operation of an authorized emergency vehicle 22 in response to an emergency call or to an incident dangerous 23 to the public unless the vehicle is operated with reckless 24 disregard for the safety of persons or property. This 25 provision of the bill only applies when, in response to an 26 emergency call or to an incident dangerous to the public, 27 the authorized emergency vehicle is making use of a siren or 28 flashing blue and red lights. 29 The bill specifies that the driver of an authorized 30 emergency vehicle shall not be liable for any injury or loss 31 arising from the operation of the vehicle unless reckless 32 disregard for the safety of persons or property is proven by 33 a preponderance of the evidence. If a person brings a tort 34 claim against the driver of an authorized emergency vehicle, a 35 -10- LSB 1691XS (4) 89 th/ns 10/ 12

S.F. 72 municipality, or the state for any injury or loss arising from 1 the operation of the authorized emergency vehicle, the bill 2 requires a court to determine, on motion by any party or on 3 its own motion, whether the person has presented sufficient, 4 admissible evidence to support a prima facie finding of 5 recklessness before the matter proceeds to trial. 6 FUNERAL PROCESSIONS. The bill authorizes a driver of an 7 authorized emergency vehicle to operate the vehicle as part of 8 a funeral procession, and a peace officer may provide traffic 9 control upon request or when necessary for the safety of all 10 persons. The bill allows an authorized emergency vehicle 11 operating in a funeral procession to display the vehicle’s 12 lighting devices. 13 SIRENS AND AIR HORNS. The bill allows an authorized 14 emergency medical services program, fire department, or law 15 enforcement agency to equip one or more vehicles with an 16 air horn or low-frequency siren. The bill requires certain 17 vehicles purchased, delivered, or refurbished on or after July 18 1, 2021, to be equipped with a 200-watt electric or electronic 19 siren capable of emitting at least two distinct siren tones, 20 and one or more compatible siren speakers. 21 The bill prohibits an authorized emergency vehicle’s siren, 22 whistle, air horn, or bell from being used except when the 23 vehicle is operated in response to an emergency call or to an 24 incident dangerous to the public, in a parade or designated 25 public service event, for a demonstration, for maintenance, or 26 in the immediate pursuit of an actual or suspected violator 27 of the law. The bill requires the driver of the vehicle to 28 sound the siren, whistle, air horn, or bell when the driver 29 reasonably believes necessary to warn pedestrians and other 30 drivers of the approach of the vehicle. 31 By operation of law, a violation of this provision is 32 punishable by a scheduled fine of $45. 33 DESIGNATION AS AUTHORIZED EMERGENCY VEHICLE. The bill 34 includes in the list of vehicles authorized to be designated 35 -11- LSB 1691XS (4) 89 th/ns 11/ 12

S.F. 72 as authorized emergency vehicles those vehicles owned by a 1 certified chief or certified fire officer of a volunteer fire 2 department, a fire department comprised of a combination 3 of volunteer and paid members, or a nonprofit corporation 4 that delivers emergency services; and vehicles owned by a 5 chief, medical director, or certified medical provider of an 6 authorized emergency medical service. The bill requires the 7 completion of certain training and proof of financial liability 8 coverage or risk pool coverage to obtain the designation. 9 The bill prohibits a public or private entity from requiring 10 an employee or volunteer to apply for or maintain a certificate 11 of designation for an authorized emergency vehicle, and from 12 requiring a person to operate or use an authorized emergency 13 vehicle. 14 EFFECTIVE DATE AND APPLICABILITY. The bill takes effect 15 upon enactment, and Code section 321.231B (limiting liability 16 for certain authorized emergency vehicle operators), as enacted 17 in the bill, applies to causes of action accrued on or after 18 the effective date of the bill. 19 -12- LSB 1691XS (4) 89 th/ns 12/ 12