Bill Text: IA SSB1090 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the operation of authorized emergency vehicles and snow plows, making penalties applicable, and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-14 - Subcommittee recommends amendment and passage. [SSB1090 Detail]
Download: Iowa-2019-SSB1090-Introduced.html
Senate
Study
Bill
1090
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
KAPUCIAN)
A
BILL
FOR
An
Act
relating
to
the
operation
of
authorized
emergency
1
vehicles
and
snow
plows,
making
penalties
applicable,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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S.F.
_____
Section
1.
Section
321.1,
Code
2019,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
20C.
“Emergency
lights”
means
steady,
3
oscillating,
rotating,
or
flashing
red
and
blue
lights,
but
4
does
not
include
original
or
aftermarket
amber,
white,
or
red
5
directional
or
emergency
signal,
brake,
or
tail
lamps.
6
NEW
SUBSECTION
.
93A.
“Warning
lights”
means
steady,
7
oscillating,
rotating,
or
flashing
amber
or
white
lights,
and
8
steady,
oscillating,
rotating,
or
flashing
amber
or
red
lights
9
on
a
school
bus,
but
does
not
include
original
or
aftermarket
10
amber,
white,
or
red
directional
or
emergency
signal,
brake,
11
or
tail
lamps.
12
Sec.
2.
Section
321.231,
subsection
1,
Code
2019,
is
amended
13
to
read
as
follows:
14
1.
The
driver
of
an
authorized
emergency
vehicle,
when
15
responding
to
an
emergency
call
or
incident,
or
when
in
the
16
pursuit
of
an
actual
or
suspected
perpetrator
of
a
felony
or
17
misdemeanor,
or
in
response
to
an
incident
dangerous
to
the
18
public
,
or
when
responding
to
but
not
upon
returning
from
a
19
fire
alarm,
may
exercise
the
privileges
set
forth
in
this
20
section
.
21
Sec.
3.
Section
321.231,
subsection
2,
Code
2019,
is
amended
22
by
adding
the
following
new
paragraphs:
23
NEW
PARAGRAPH
.
c.
Drive
the
vehicle
on
the
shoulder
or
24
median
of
a
highway.
25
NEW
PARAGRAPH
.
d.
Disregard
laws
or
regulations
governing
26
turning
the
vehicle
in
specified
directions.
27
NEW
PARAGRAPH
.
e.
Disregard
laws
or
regulations
governing
28
overtaking
or
passing
other
motorists.
29
Sec.
4.
Section
321.231,
subsections
3
and
4,
Code
2019,
are
30
amended
to
read
as
follows:
31
3.
The
driver
of
a
an
official
fire
department
vehicle,
32
police
vehicle,
rescue
vehicle,
or
ambulance,
or
emergency
33
medical
services
vehicle,
or
a
peace
officer
riding
a
police
34
bicycle
in
the
line
of
duty,
may
do
any
of
the
following:
35
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a.
Proceed
past
a
red
or
stop
signal
or
stop
sign,
but
1
only
after
slowing
down
as
an
emergency
vehicle
driver
may
be
2
necessary
deem
reasonable
for
safe
operation
in
the
same
or
3
similar
circumstances
based
on
information
known
to
the
driver
4
at
the
time
.
5
b.
Exceed
the
maximum
speed
limits
so
long
as
the
driver
6
does
not
recklessly
endanger
life
or
property
.
7
4.
a.
The
exemptions
granted
to
the
driver
of
an
authorized
8
emergency
vehicle
under
subsection
2
and
to
a
the
driver
of
9
an
official
fire
department
vehicle,
police
vehicle,
rescue
10
vehicle,
or
ambulance
,
or
emergency
medical
services
vehicle
as
11
provided
in
subsection
3
shall
apply
only
when
such
vehicle
is
12
making
use
of
an
audible
signaling
warning
device
meeting
the
13
requirements
of
section
321.433
or
a
visual
signaling
device
,
14
except
that
use
of
an
audible
or
visual
signaling
device
shall
15
not
be
required
when
exercising
the
meeting
the
requirements
16
of
section
321.423.
17
b.
The
exemption
granted
under
subsection
3
,
paragraph
18
“b”
,
when
the
vehicle
is
operated
by
a
peace
officer
shall
be
19
granted
to
a
peace
officer
or
reserve
peace
officer
operating
20
an
authorized
emergency
vehicle
without
using
an
audible
21
warning
device
or
visual
signaling
device
if
such
action
does
22
not
recklessly
endanger
the
life
of
the
officer
or
the
vehicle,
23
and
if
the
officer
is
pursuing
a
suspected
violator
of
the
24
speed
restrictions
imposed
by
or
pursuant
to
this
chapter
25
for
the
purpose
of
determining
the
speed
of
travel
of
such
26
suspected
violator
,
or
if
the
officer
reasonably
believes
based
27
on
the
facts
and
circumstances
at
the
time
that
a
suspected
28
violator’s
knowledge
of
the
officer’s
proximity
may
cause
the
29
suspected
violator
to
destroy
evidence
of
a
suspected
felony
30
or
aggravated
misdemeanor,
evade
apprehension,
or
endanger
the
31
public
or
the
officer
.
32
c.
The
exemption
granted
under
subsection
3,
paragraph
33
“b”
,
shall
be
granted
to
the
driver
of
an
authorized
emergency
34
vehicle
transporting
a
patient
to
a
hospital
while
using
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a
visual
signaling
device
but
without
using
an
audible
1
warning
device
if
a
certified
emergency
medical
care
provider
2
reasonably
believes
the
patient’s
condition
warrants
limited
3
use
of
the
vehicle’s
audible
warning
device,
provided
the
4
driver
activates
the
vehicle’s
audible
warning
device
when
5
necessary
to
warn
motorists
or
pedestrians
of
the
vehicle’s
6
approach,
or
when
approaching
an
intersection.
7
Sec.
5.
Section
321.231,
Code
2019,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
3A.
A
peace
officer
operating
an
authorized
10
emergency
vehicle
may
execute
a
lawful
intervention
technique
11
if
such
execution
is
reasonable
under
the
circumstances
based
12
on
the
information
available
to
the
officer
at
the
time,
and
13
the
officer
has
completed
a
training
course
approved
by
the
14
Iowa
law
enforcement
academy
that
instructs
participants
in
the
15
proper
execution
of
lawful
intervention
techniques.
16
Sec.
6.
NEW
SECTION
.
321.231A
Authorized
emergency
vehicles
17
——
parades
and
events.
18
1.
The
driver
of
an
authorized
emergency
vehicle
may
operate
19
the
vehicle
as
part
of
an
official
governmental
event
for
the
20
purposes
of
the
safety
and
security
of
an
elected
official,
21
candidate
for
public
office,
or
the
public,
or
as
part
of
a
22
parade
or
other
public
service
event
if
the
parade
or
event
23
is
approved
by
the
state
or
a
municipality,
as
defined
in
24
section
670.1,
and
notice
of
the
parade
or
event
is
publicly
25
disseminated
by
the
state
or
municipality
in
the
area
where
the
26
parade
or
event
will
occur
at
least
five
days
prior
to
the
date
27
on
which
the
parade
or
event
will
occur.
28
2.
Notwithstanding
any
provision
of
law
to
the
contrary,
an
29
authorized
emergency
vehicle
operating
in
a
parade
or
event
may
30
display
emergency
lights
or
warning
lights.
This
subsection
31
shall
not
be
construed
to
exempt
the
driver
of
the
authorized
32
emergency
vehicle
from
any
duty
to
operate
the
vehicle
with
due
33
regard
for
the
safety
of
all
persons.
34
Sec.
7.
NEW
SECTION
.
321.231B
Authorized
emergency
vehicles
35
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——
immunity
from
liability.
1
1.
A
fire
fighter
who
is
certified
by
the
fire
service
2
training
bureau,
as
described
in
section
100B.6,
as
a
fire
3
apparatus
driver
or
operator
and
who
has
completed
an
emergency
4
vehicle
operations
course
and
any
applicable
continuing
5
education
requirements
established
or
approved
by
the
fire
6
service
training
bureau
shall
not
be
liable
for
any
injury
or
7
loss
arising
from
the
fire
fighter’s
operation
of
an
authorized
8
emergency
vehicle
in
response
to
an
emergency
call
or
incident
9
or
to
an
incident
dangerous
to
the
public
unless
the
fire
10
fighter
operates
the
vehicle
with
willful
and
wanton
disregard
11
for
the
safety
of
persons
or
property.
12
2.
An
emergency
medical
care
provider,
as
defined
in
section
13
147A.1,
who
has
completed
an
emergency
vehicle
operations
14
course
and
any
applicable
continuing
education
requirements
15
established
or
approved
by
the
department
of
public
health
16
shall
not
be
liable
for
any
injury
or
loss
arising
from
the
17
provider’s
operation
of
an
authorized
emergency
vehicle
in
18
response
to
an
emergency
call
or
incident
or
to
an
incident
19
dangerous
to
the
public
unless
the
provider
operates
the
20
vehicle
with
willful
and
wanton
disregard
for
the
safety
of
21
persons
or
property.
22
3.
A
peace
officer,
as
defined
in
section
801.4,
or
a
23
reserve
peace
officer,
as
defined
in
section
80D.1A,
who
has
24
completed
an
emergency
vehicle
operations
course
and
any
25
applicable
continuing
education
requirements
established
26
or
approved
by
the
Iowa
law
enforcement
academy
shall
not
27
be
liable
for
any
injury
or
loss
arising
from
the
officer’s
28
operation
of
an
authorized
emergency
vehicle
in
response
to
an
29
emergency
call
or
incident
or
to
an
incident
dangerous
to
the
30
public
unless
the
officer
operates
the
vehicle
with
willful
and
31
wanton
disregard
for
the
safety
of
persons
or
property.
32
4.
Subsections
1
through
3
apply
only
when,
in
response
33
to
an
emergency
call
or
incident
or
to
an
incident
dangerous
34
to
the
public,
the
authorized
emergency
vehicle
is
making
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use
of
a
siren
meeting
the
requirements
of
section
321.433
1
or
flashing
blue
and
red
lights
meeting
the
requirements
of
2
section
321.423.
The
protections
from
liability
provided
by
3
subsections
1
through
3
apply
in
addition
to
any
other
defenses
4
to
liability
provided
by
law.
5
5.
a.
The
driver
of
an
authorized
emergency
vehicle
shall
6
not
be
liable
for
any
injury
or
loss
arising
from
the
operation
7
of
the
authorized
emergency
vehicle
unless
actual
malice
or
8
willful
and
wanton
disregard
for
the
safety
of
persons
or
9
property
is
proven
by
clear
and
convincing
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,
or
this
state,
for
any
injury
or
loss
arising
13
from
the
operation
of
the
authorized
emergency
vehicle,
the
14
court
shall
determine,
on
motion
by
any
party
or
on
its
own
15
motion,
whether
the
person
has
presented
sufficient,
admissible
16
evidence
to
support
a
prima
facie
finding
of
actual
malice
17
or
willful
and
wanton
disregard
for
the
safety
of
persons
or
18
property,
before
the
matter
proceeds
to
trial.
19
Sec.
8.
Section
321.324A,
Code
2019,
is
amended
by
adding
20
the
following
new
subsection:
21
NEW
SUBSECTION
.
4.
a.
The
driver
of
an
authorized
22
emergency
vehicle
may
operate
the
vehicle
as
part
of
a
funeral
23
procession
if
approved
by
each
municipality,
as
defined
in
24
section
670.1,
in
which
the
funeral
procession
occurs.
25
b.
Notwithstanding
any
provision
of
law
to
the
contrary,
26
an
authorized
emergency
vehicle
operating
in
a
funeral
27
procession
may
display
emergency
lights
or
warning
lights.
28
This
subsection
shall
not
be
construed
to
exempt
the
driver
of
29
the
authorized
emergency
vehicle
from
any
duty
to
operate
the
30
vehicle
with
due
regard
for
the
safety
of
all
persons.
31
Sec.
9.
Section
321.393,
subsection
4,
Code
2019,
is
amended
32
to
read
as
follows:
33
4.
The
provisions
of
this
section
shall
not
prohibit
the
34
use
of
a
lighting
device
or
reflector
displaying
an
amber
light
35
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when
such
lighting
device
or
reflector
is
mounted
on
a
motor
1
truck,
trailer,
tractor,
or
motor
grader
owned
by
the
state,
2
or
any
political
subdivision
of
the
state,
or
any
municipality
3
therein,
while
such
equipment
is
being
used
for
snow
removal,
4
sanding,
maintenance,
or
repair
of
the
public
streets
or
5
highways
,
or
when
such
lighting
device
is
permitted
or
required
6
under
section
321.423
or
any
other
provision
of
law
.
7
Sec.
10.
Section
321.423,
subsection
2,
paragraphs
f
and
h,
8
Code
2019,
are
amended
to
read
as
follows:
9
f.
A
flashing
white
light
,
including
a
flashing
headlamp,
is
10
permitted
on
a
vehicle
pursuant
to
subsection
7
.
11
h.
A
flashing
amber
warning
light
is
permitted
on
a
12
towing
or
recovery
vehicle,
a
utility
maintenance
vehicle,
a
13
municipal
maintenance
vehicle,
a
highway
maintenance
vehicle,
14
a
construction
vehicle,
a
solid
waste
or
recycling
collection
15
service
vehicle,
a
snow
plow,
or
a
vehicle
operated
in
16
accordance
with
subsection
6
or
section
321.398
or
321.453
.
17
Sec.
11.
Section
321.423,
subsection
3,
paragraph
a,
18
subparagraph
(3),
Code
2019,
is
amended
to
read
as
follows:
19
(3)
An
authorized
emergency
vehicle,
other
than
a
vehicle
20
described
in
paragraph
“a”
,
subparagraph
(1)
or
(2)
,
if
the
blue
21
light
is
positioned
on
the
passenger
side
of
the
vehicle
and
is
22
used
in
conjunction
with
a
red
light
positioned
on
the
driver
23
side
of
the
vehicle
.
24
Sec.
12.
Section
321.423,
subsection
6,
Code
2019,
is
25
amended
to
read
as
follows:
26
6.
Amber
flashing
light.
27
a.
A
farm
tractor,
farm
tractor
with
towed
equipment,
28
self-propelled
implement
of
husbandry,
road
construction
or
29
maintenance
vehicle,
road
grader,
or
other
vehicle
principally
30
designed
for
use
off
the
highway
which,
when
operated
on
31
a
primary
or
secondary
road,
is
operated
at
a
speed
of
32
thirty-five
miles
an
hour
or
less,
shall
be
equipped
with
and
33
display
an
amber
flashing
light
visible
from
the
rear
at
any
34
time
from
sunset
to
sunrise.
If
the
amber
flashing
light
is
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obstructed
by
the
towed
equipment,
the
towed
equipment
shall
1
also
be
equipped
with
and
display
an
amber
flashing
light
as
2
required
under
this
subsection
.
3
b.
(1)
A
vehicle
owned
by
a
municipality,
as
defined
in
4
section
670.1,
or
a
company
in
the
business
of
snow
and
ice
5
treatment
or
removal,
that
is
used
for
snow
and
ice
treatment
6
or
removal
shall
be
equipped
with
one
or
more
amber
warning
7
lights.
This
paragraph
shall
not
be
construed
to
require
a
8
lawn
mower,
snow
blower,
or
all-terrain
vehicle
to
be
equipped
9
with
one
or
more
amber
warning
lights.
10
(2)
When
a
vehicle
subject
to
subparagraph
(1)
is
used
to
11
plow
snow
or
remove
snow
or
ice
accumulation,
the
operator
of
12
the
vehicle
shall
activate
and
display
the
vehicle’s
amber
13
warning
lights
to
alert
pedestrians
and
other
motorists.
14
(3)
The
department
shall
adopt
rules
establishing
minimum
15
optical
warning
light
equipment
standards
for
privately
owned
16
vehicles
used
for
snow
and
ice
treatment
or
removal.
The
17
department
may
offer
safety
inspections
for
such
vehicles
at
a
18
reasonable
fee
established
by
the
department
by
rule.
19
c.
All
vehicles
specified
in
this
subsection
which
are
20
manufactured
for
sale
or
sold
in
this
state
shall
be
equipped
21
with
an
amber
flashing
light
in
accordance
with
the
standards
22
of
the
American
society
of
agricultural
engineers.
23
Sec.
13.
NEW
SECTION
.
321.424
Authorized
emergency
vehicle
24
lights.
25
Notwithstanding
any
provision
of
law
to
the
contrary:
26
1.
An
authorized
emergency
vehicle
may
be
equipped
with
27
a
combination
of
interior
or
exterior
emergency
lights
and
28
warning
lights,
flashing
headlamps,
and
flashing
tail
lamps.
29
2.
An
official
law
enforcement,
fire
department,
or
30
emergency
medical
services
vehicle
owned
by
the
state
or
a
31
municipality,
as
defined
in
section
670.1,
that
was
purchased,
32
delivered,
or
refurbished
on
or
after
July
1,
2019,
shall
be
33
equipped
with
flashing
headlamps
unless
the
vehicle
lacks
the
34
capability
to
be
equipped
with
flashing
headlamps.
The
lack
35
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of
such
a
capability
shall
be
documented
by
the
seller
of
1
the
vehicle
and
such
documentation
shall
be
provided
to
the
2
purchaser
of
the
vehicle
at
the
time
of
sale.
3
3.
An
authorized
emergency
vehicle
owned
by
the
state,
4
a
municipality,
as
defined
in
section
670.1,
or
a
private
5
emergency
medical
services
company
delivering
services
to
the
6
state,
a
municipality,
or
a
hospital
pursuant
to
a
written
7
contract,
or
a
privately
owned
vehicle
designated
as
an
8
authorized
emergency
vehicle
pursuant
to
section
321.451,
shall
9
be
equipped
with
a
combination
of
operational
red
and
blue
10
emergency
lights.
Authorized
emergency
vehicles
in
service
on
11
or
before
the
effective
date
of
this
Act
shall
be
equipped
to
12
comply
with
this
subsection
on
or
before
July
1,
2021.
13
4.
An
authorized
emergency
vehicle
equipped
with
an
14
interior
or
exterior
light
bar
shall
position
front
and
rear
15
facing
red
lights
on
the
driver’s
side
of
the
vehicle
and
front
16
and
rear
facing
blue
lights
on
the
passenger’s
side
of
the
17
vehicle.
18
5.
An
authorized
emergency
vehicle
equipped
with
an
19
interior
or
exterior
light
bar
with
red
and
blue
flashing
20
emergency
lights
may
be
equipped
with
flashing
or
solid
white
21
lights
scattered
among
or
between
any
lens
that
displays
a
red
22
or
blue
flashing
light.
23
6.
An
authorized
emergency
vehicle
may
be
equipped
with
one
24
or
more
lights
capable
of
emitting
a
split
red
and
blue
steady
25
or
flashing
light,
which
may
be
mounted
on
or
in
the
vehicle.
26
7.
An
authorized
emergency
vehicle
may
be
equipped
with
27
emergency
lights
on
the
side
of
the
vehicle
capable
of
emitting
28
red
and
blue
light,
red
and
white
light,
or
blue
and
white
29
light.
30
8.
An
authorized
emergency
vehicle
may
be
equipped
with
31
emergency
lights
or
warning
lights
with
a
clear
or
colored
32
lens.
33
9.
An
official
law
enforcement,
fire,
rescue,
or
emergency
34
medical
services
vehicle
may
be
equipped
with
lights
or
light
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bars
containing
one
or
more
rear
zone
amber
warning
lights
or
1
amber
directional
arrows,
which
shall
be
in
addition
to
any
2
other
required
lighting
equipment.
An
authorized
emergency
3
vehicle
shall
not
be
equipped
with
an
amber
warning
light
4
positioned
on
the
front
or
side
of
the
vehicle.
However,
5
an
aerial
fire
apparatus
may
be
equipped
with
amber
flashing
6
lights
on
the
outriggers
of
the
apparatus.
7
10.
An
authorized
emergency
vehicle
may
be
equipped
with
8
one
or
more
steady,
oscillating,
or
flashing
white
lights,
9
flashing
headlamps,
or
flashing
reverse
lamps,
which
shall
be
10
in
addition
to
any
other
required
lighting
equipment.
A
light
11
bar
shall
not
be
equipped
or
used
to
display
flashing
white
12
lights
visible
from
the
rear
of
the
vehicle.
This
subsection
13
shall
not
be
construed
to
prohibit
an
authorized
emergency
14
vehicle
owned
by
the
state
or
a
municipality,
as
defined
in
15
section
670.1,
from
being
equipped
with
or
using
a
spotlight
or
16
exterior
light
bar
capable
of
displaying
a
steady
white
light
17
for
use
as
a
work
light,
alley
light,
search
light,
or
takedown
18
light.
19
11.
An
authorized
emergency
vehicle
owned
by
a
state
or
a
20
municipality,
as
defined
in
section
670.1,
that
is
primarily
21
used
as
an
incident
command
vehicle
may
be
equipped
with
one
22
or
more
steady
or
flashing
green
lights,
which
shall
be
in
23
addition
to
any
other
required
lighting
equipment.
A
steady
24
or
flashing
green
light
equipped
pursuant
to
this
subsection
25
shall
not
be
activated
unless
the
vehicle
is
being
used
as
26
a
stationary
incident
command
post
at
the
location
of
an
27
emergency
incident,
an
official
training
exercise,
or
for
28
maintenance
or
demonstration
purposes.
29
Sec.
14.
Section
321.433,
Code
2019,
is
amended
to
read
as
30
follows:
31
321.433
Sirens,
whistles,
air
horns,
and
bells
prohibited.
32
1.
A
vehicle
shall
not
be
equipped
with
and
a
person
shall
33
not
use
upon
a
vehicle
any
siren,
whistle,
or
bell,
except
as
34
otherwise
permitted
in
this
section
or
any
other
provision
of
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law
.
1
2.
It
is
permissible
but
not
required
that
any
commercial
2
vehicle
be
equipped
with
a
theft
alarm
signal
device
which
is
3
so
arranged
that
it
cannot
be
used
by
the
driver
as
an
ordinary
4
warning
signal.
5
3.
Any
authorized
emergency
vehicle
may
be
equipped
with
6
a
siren,
whistle,
air
horn,
or
bell
capable
of
emitting
sound
7
audible
under
normal
conditions
from
a
distance
of
not
less
8
than
five
hundred
feet
,
but
the
.
9
4.
An
authorized
emergency
medical
services
program,
fire
10
department,
or
law
enforcement
agency
may
equip
one
or
more
11
vehicles
with
an
air
horn.
12
5.
An
official
fire
department
vehicle,
emergency
medical
13
services
program
vehicle,
or
law
enforcement
vehicle
owned
14
by
the
state,
a
municipality,
as
defined
in
section
670.1,
15
or
a
corporation
providing
emergency
medical
services
to
16
a
municipality
pursuant
to
a
written
contract,
that
was
17
purchased,
delivered,
or
refurbished
on
or
after
July
1,
18
2019,
excluding
an
all-terrain
vehicle
or
a
special
service
19
vehicle,
shall
be
equipped
with
a
two-hundred-watt
electric
20
or
electronic
siren
capable
of
emitting
at
least
two
distinct
21
siren
tones,
and
one
or
more
compatible
siren
speakers.
22
6.
An
authorized
emergency
vehicle’s
siren,
whistle,
or
23
bell
shall
not
be
used
except
when
the
vehicle
is
operated
in
24
response
to
an
emergency
call
or
incident,
in
response
to
an
25
incident
dangerous
to
the
public,
in
a
parade
or
designated
26
public
service
event,
for
a
demonstration,
for
maintenance,
or
27
in
the
immediate
pursuit
of
an
actual
or
suspected
violator
of
28
the
law,
and
the
driver
of
the
vehicle
shall
sound
the
siren,
29
whistle,
or
bell
when
the
driver
reasonably
believes
necessary
30
to
warn
pedestrians
and
other
drivers
of
the
approach
of
the
31
vehicle.
32
7.
For
purposes
of
this
section:
33
a.
“Electric
siren”
means
an
audible
warning
device
that
34
produces
sound
using
an
electric
motor
with
an
attached
35
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rotating
slotted
or
perforated
disc.
1
b.
“Electronic
siren”
means
an
audible
warning
device
2
that
produces
sound
electronically
using
amplifiers
and
3
electromagnetic
speakers.
4
Sec.
15.
Section
321.451,
subsection
1,
Code
2019,
is
5
amended
by
adding
the
following
new
paragraphs:
6
NEW
PARAGRAPH
.
g.
A
vehicle
owned
by
a
certified
chief
or
7
certified
chief
officer
of
a
volunteer
fire
department,
a
fire
8
department
comprised
of
a
combination
of
volunteer
and
paid
9
members,
or
a
nonprofit
corporation
that
delivers
emergency
10
services
on
behalf
of
a
municipality,
as
defined
in
section
11
670.1,
pursuant
to
a
written
contract,
if
the
application
for
12
a
certificate
of
designation
is
requested
by
the
chief
of
the
13
fire
department.
However,
the
department
shall
not
approve
14
an
application
received
pursuant
to
this
paragraph
unless
15
the
owner
of
the
vehicle
has
completed
an
emergency
vehicle
16
operations
course
approved
by
the
fire
service
training
bureau,
17
as
described
in
section
100B.6,
provided
proof
of
certification
18
as
a
fire
officer,
and
provided
proof
of
financial
liability
19
coverage
or
risk
pool
coverage.
20
NEW
PARAGRAPH
.
h.
A
vehicle
owned
by
a
chief
or
medical
21
director
of
an
authorized
emergency
medical
service
provider,
22
if
the
application
for
a
certificate
of
designation
is
23
requested
by
the
chief
of
the
authorized
emergency
medical
24
service
provider.
However,
the
department
shall
not
approve
25
an
application
received
pursuant
to
this
paragraph
unless
26
the
owner
of
the
vehicle
has
completed
an
emergency
vehicle
27
operations
course
approved
by
the
department
of
public
health,
28
and
provided
proof
of
financial
liability
coverage
or
risk
pool
29
coverage.
30
NEW
PARAGRAPH
.
i.
A
vehicle
owned
by
a
state
or
county
31
emergency
management
coordinator
if
the
application
for
a
32
certificate
of
designation
is
requested
by
the
emergency
33
management
coordinator.
However,
the
department
shall
not
34
approve
an
application
received
pursuant
to
this
paragraph
35
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unless
the
owner
of
the
vehicle
has
completed
an
emergency
1
vehicle
operations
course
approved
by
the
fire
service
training
2
bureau,
as
described
in
section
100B.6,
or
the
department
3
of
public
health,
and
provided
proof
of
financial
liability
4
coverage
or
risk
pool
coverage.
5
Sec.
16.
Section
321.451,
subsection
3,
Code
2019,
is
6
amended
to
read
as
follows:
7
3.
The
certificate
of
designation
shall
be
valid
for
a
8
period
of
one
year
and
shall
at
all
times
be
carried
with
the
9
registration
receipt
for
the
vehicle
to
which
the
certificate
10
refers.
The
certificate
may
be
revoked
or
temporarily
11
suspended
by
the
director
upon
a
showing
of
abuse
,
of
reckless
12
or
unsafe
driving,
of
failure
to
prove
or
maintain
at
all
13
times
financial
liability
coverage
or
risk
pool
coverage,
or
14
that
the
vehicle
has
unsafe
equipment
.
The
certificate
shall
15
only
be
revoked
or
suspended
after
notice
to
the
holder
of
the
16
certificate
and
a
hearing
before
the
director
or
the
director’s
17
designee.
A
peace
officer
may
request
proof
of
certification
18
and
proof
of
financial
liability
coverage
or
risk
pool
coverage
19
from
the
holder
of
a
certificate
and
provide
information
to
the
20
director
or
the
director’s
designee
alleging
grounds
for
the
21
revocation
or
suspension
of
a
certificate.
The
director
shall
22
develop,
maintain,
and
make
available
electronic
forms
to
be
23
used
by
a
peace
officer
or
other
person
to
submit
information
24
regarding
the
revocation
or
suspension
of
a
certificate.
25
Sec.
17.
Section
321.451,
Code
2019,
is
amended
by
adding
26
the
following
new
subsections:
27
NEW
SUBSECTION
.
4.
The
department
shall
create
and
maintain
28
a
database
of
vehicles
designated
as
an
authorized
emergency
29
vehicle
pursuant
to
this
section.
30
NEW
SUBSECTION
.
5.
The
operator
of
a
vehicle
designated
31
as
an
authorized
emergency
vehicle
pursuant
to
this
section,
32
except
a
vehicle
designated
under
subsection
1,
paragraph
“f”
,
33
may
request
reimbursement
from
the
operator’s
employer
or
34
organization
for
which
the
operator
volunteers
for
reasonable
35
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costs
or
expenses
incurred
by
the
operator
during
the
operation
1
of
the
vehicle
as
an
authorized
emergency
vehicle
on
official
2
business,
including
fuel
and
mileage
reimbursement,
and
the
3
operator
shall
be
reimbursed
upon
a
determination
that
the
4
operator’s
request
was
proper.
5
NEW
SUBSECTION
.
6.
A
public
or
private
employer
shall
6
not
require
an
employee
or
volunteer
to
apply
for
or
maintain
7
a
certificate
of
designation
pursuant
to
this
section
as
a
8
condition
of
employment
or
of
permitting
the
person
to
continue
9
to
volunteer.
A
person
shall
not
be
required
to
operate
or
10
use
a
vehicle
designated
as
an
authorized
emergency
vehicle
11
pursuant
to
this
section.
12
NEW
SUBSECTION
.
7.
This
section
shall
not
be
construed
13
to
exempt
the
state
or
a
municipality,
as
defined
in
section
14
670.1,
from
any
duty
to
purchase,
equip,
maintain,
or
otherwise
15
provide
authorized
emergency
vehicles
to
meet
any
requirement
16
to
provide
public
services,
including
law
enforcement,
fire
17
protection,
rescue,
or
emergency
medical
services.
18
Sec.
18.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
19
immediate
importance,
takes
effect
upon
enactment.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
OPERATION
IN
EMERGENCY
SITUATIONS.
This
bill
allows
the
24
driver
of
an
authorized
emergency
vehicle,
when
responding
25
to
an
emergency
call
or
incident,
when
in
the
pursuit
of
an
26
actual
or
suspected
perpetrator
of
a
felony
or
misdemeanor,
27
in
response
to
an
incident
dangerous
to
the
public,
or
when
28
responding
to
but
not
upon
returning
from
a
fire
alarm,
to
29
drive
the
vehicle
on
the
shoulder
or
median
of
a
highway,
to
30
disregard
laws
or
regulations
governing
turning
the
vehicle
31
in
specified
directions,
and
to
disregard
laws
or
regulations
32
governing
overtaking
or
passing
other
motorists.
The
bill
also
33
allows
official
fire
department
vehicles,
police
vehicles,
34
rescue
vehicles,
ambulances,
emergency
medical
services
35
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vehicles,
and
peace
officers
riding
a
police
bicycle
to
proceed
1
past
a
red
or
stop
signal
or
stop
sign,
but
only
after
slowing
2
down
as
an
emergency
vehicle
driver
may
deem
reasonable
for
3
safe
operation
in
the
same
or
similar
circumstances
based
on
4
information
known
to
the
driver
at
the
time,
and
to
exceed
the
5
maximum
speed
limits
so
long
as
the
driver
does
not
recklessly
6
endanger
life.
7
Under
current
law,
authorized
emergency
vehicles
are
8
permitted
to
operate
in
this
manner
only
when
such
vehicles
are
9
making
use
of
an
audible
or
visual
signaling
device,
except
a
10
vehicle
operated
by
a
peace
officer
is
not
required
to
use
an
11
audible
or
visual
signaling
device
if
the
officer
is
pursuing
12
a
suspected
violator
of
a
speed
limit.
The
bill
provides
13
that
a
peace
officer
is
also
not
required
to
use
an
audible
14
or
visual
device
if
the
officer
reasonably
believes
based
15
on
the
facts
and
circumstances
at
the
time
that
a
suspected
16
violator’s
knowledge
of
the
officer’s
proximity
may
cause
the
17
suspected
violator
to
destroy
evidence
of
a
suspected
felony
18
or
aggravated
misdemeanor,
evade
apprehension,
or
endanger
the
19
public
or
the
officer.
However,
the
bill
permits
such
action
20
only
if
the
action
does
not
recklessly
endanger
the
life
of
the
21
officer
or
the
vehicle.
22
The
bill
also
provides
that
the
driver
of
an
authorized
23
emergency
vehicle
transporting
a
patient
to
a
hospital
is
not
24
required
to
use
an
audible
warning
device
while
exceeding
a
25
speed
limit
if
a
certified
emergency
medical
care
provider
26
reasonably
believes
the
patient’s
condition
warrants
limited
27
use
of
the
vehicle’s
audible
warning
device,
provided
the
28
driver
activates
the
vehicle’s
audible
warning
device
when
29
necessary
to
warn
motorists
or
pedestrians
of
the
vehicle’s
30
approach,
or
when
approaching
an
intersection.
31
The
bill
further
provides
that
a
peace
officer
operating
an
32
authorized
emergency
vehicle
may
execute
a
lawful
intervention
33
technique
if
such
execution
is
reasonable
under
the
34
circumstances
based
on
the
information
available
to
the
officer
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at
the
time,
and
the
officer
has
completed
a
training
course
1
approved
by
the
Iowa
law
enforcement
academy
that
instructs
2
participants
in
the
proper
execution
of
lawful
intervention
3
techniques.
4
By
operation
of
law,
a
violation
of
these
provisions
of
the
5
bill
is
punishable
by
a
scheduled
fine
of
$100.
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
and
notice
of
the
parade
or
event
is
publicly
13
disseminated
by
the
state
or
municipality
at
least
five
days
14
prior
to
the
date
on
which
the
parade
or
event
will
occur.
In
15
addition,
the
bill
allows
an
authorized
emergency
vehicle
to
16
operate
in
a
parade
or
event
while
displaying
emergency
lights
17
or
warning
lights.
18
IMMUNITY
FROM
LIABILITY.
The
bill
provides
that
a
certified
19
fire
fighter,
emergency
medical
care
provider,
peace
officer,
20
or
reserve
peace
officer
who
has
completed
certain
training
21
shall
not
be
liable
for
any
injury
or
loss
arising
from
the
22
operation
of
an
authorized
emergency
vehicle
in
response
to
23
an
emergency
call
or
incident
or
to
an
incident
dangerous
to
24
the
public
unless
the
vehicle
is
operated
with
willful
and
25
wanton
disregard
for
the
safety
of
persons
or
property.
This
26
provision
of
the
bill
only
applies
when,
in
response
to
an
27
emergency
call
or
incident
or
to
an
incident
dangerous
to
the
28
public,
the
authorized
emergency
vehicle
is
making
use
of
a
29
siren
or
flashing
blue
and
red
lights.
30
The
bill
specifies
that
the
driver
of
an
authorized
31
emergency
vehicle
shall
not
be
liable
for
any
injury
or
loss
32
arising
from
the
operation
of
the
vehicle
unless
actual
malice
33
or
willful
and
wanton
disregard
for
the
safety
of
persons
or
34
property
is
proven
by
clear
and
convincing
evidence.
If
a
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person
brings
a
tort
claim
against
the
driver
of
an
authorized
1
emergency
vehicle,
a
municipality,
or
the
state
for
any
injury
2
or
loss
arising
from
the
operation
of
the
authorized
emergency
3
vehicle,
the
bill
requires
a
court
to
determine,
on
motion
4
by
any
party
or
on
its
own
motion,
whether
the
person
has
5
presented
sufficient,
admissible
evidence
to
support
a
prima
6
facie
finding
of
actual
malice
or
willful
and
wanton
disregard
7
for
the
safety
of
persons
or
property,
before
the
matter
8
proceeds
to
trial.
9
FUNERAL
PROCESSIONS.
The
bill
authorizes
a
driver
of
an
10
authorized
emergency
vehicle
to
operate
the
vehicle
as
part
of
11
a
funeral
procession
if
approved
by
each
municipality
in
which
12
the
funeral
procession
occurs.
The
bill
allows
an
authorized
13
emergency
vehicle
operating
in
a
funeral
procession
to
display
14
emergency
lights
or
warning
lights.
15
SNOW
PLOW
LIGHTS.
The
bill
requires
snow
plows
to
be
16
equipped
with
and
to
use
flashing
amber
warning
lights.
By
17
operation
of
law,
a
violation
of
this
provision
is
punishable
18
by
a
scheduled
fine
of
$30.
19
AUTHORIZED
EMERGENCY
VEHICLE
LIGHTS.
The
bill
allows
an
20
authorized
emergency
vehicle
to
be
equipped
with
a
combination
21
of
interior
or
exterior
emergency
lights
and
warning
lights,
22
flashing
headlamps,
and
flashing
tail
lamps.
The
bill
requires
23
an
official
law
enforcement,
fire
department,
or
emergency
24
medical
services
vehicle
owned
by
the
state
or
a
municipality
25
that
was
purchased,
delivered,
or
refurbished
on
or
after
26
July
1,
2019,
to
be
equipped
with
flashing
headlamps
unless
27
the
vehicle
lacks
the
capability
to
be
equipped
with
flashing
28
headlamps.
29
The
bill
requires
an
authorized
emergency
vehicle
owned
30
by
the
state,
a
municipality,
or
a
private
emergency
medical
31
services
company,
or
a
privately
owned
vehicle,
to
be
equipped
32
with
a
combination
of
operational
red
and
blue
emergency
33
lights.
Authorized
emergency
vehicles
in
service
on
or
before
34
the
effective
date
of
the
bill
are
required
to
comply
with
this
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provision
on
or
before
July
1,
2021.
The
bill
also
requires
1
an
authorized
emergency
vehicle
equipped
with
an
interior
or
2
exterior
light
bar
to
position
front
and
rear
facing
red
lights
3
on
the
driver’s
side
of
the
vehicle
and
front
and
rear
facing
4
blue
lights
on
the
passenger’s
side
of
the
vehicle.
5
The
bill
provides
that
an
authorized
emergency
vehicle
6
equipped
with
an
interior
or
exterior
light
bar
with
red
and
7
blue
flashing
emergency
lights
may
be
equipped
with
flashing
8
or
solid
white
lights
scattered
among
or
between
any
lens
that
9
displays
a
red
or
blue
flashing
light.
An
authorized
emergency
10
vehicle
may
also
be
equipped
with
one
or
more
lights
capable
of
11
emitting
a
split
red
and
blue
steady
or
flashing
light,
which
12
may
be
mounted
on
or
in
the
vehicle,
and
with
emergency
lights
13
on
the
side
of
the
vehicle
capable
of
emitting
red
and
blue
14
light,
red
and
white
light,
or
blue
and
white
light.
15
The
bill
further
provides
that
an
official
law
enforcement,
16
fire,
rescue,
or
emergency
medical
services
vehicle
may
be
17
equipped
with
lights
or
light
bars
containing
one
or
more
rear
18
zone
amber
warning
lights
or
amber
directional
arrows,
and
19
prohibits
an
authorized
emergency
vehicle
from
being
equipped
20
with
an
amber
warning
light
positioned
on
the
front
or
side
of
21
the
vehicle.
However,
an
aerial
fire
apparatus
may
be
equipped
22
with
amber
flashing
lights
on
the
outriggers
of
the
apparatus.
23
The
bill
allows
an
authorized
emergency
vehicle
to
be
24
equipped
with
one
or
more
steady,
oscillating,
or
flashing
25
white
lights,
flashing
headlamps,
or
flashing
reverse
lamps,
26
and
prohibits
a
light
bar
from
being
equipped
or
used
to
27
display
flashing
white
lights
visible
from
the
rear
of
the
28
vehicle.
However,
white
lights
used
as
a
work
light,
alley
29
light,
search
light,
or
takedown
light
are
permitted.
30
The
bill
further
allows
an
authorized
emergency
vehicle
31
primarily
used
as
an
incident
command
vehicle
to
be
equipped
32
with
one
or
more
steady
or
flashing
green
lights.
33
By
operation
of
law,
a
violation
of
any
provision
of
Code
34
chapter
321
for
which
a
penalty
is
not
provided
is
a
simple
35
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misdemeanor,
punishable
by
a
fine
of
at
least
$65
but
not
to
1
exceed
$625
and
imprisonment
not
to
exceed
30
days.
2
SIRENS
AND
AIR
HORNS.
The
bill
allows
an
authorized
3
emergency
medical
services
program,
fire
department,
or
law
4
enforcement
agency
to
equip
one
or
more
vehicles
with
an
air
5
horn.
The
bill
requires
such
vehicles
purchased,
delivered,
6
or
refurbished
on
or
after
July
1,
2019,
to
be
equipped
with
7
a
200-watt
electric
or
electronic
siren
capable
of
emitting
8
at
least
two
distinct
siren
tones,
and
one
or
more
compatible
9
siren
speakers.
10
The
bill
prohibits
an
authorized
emergency
vehicle’s
siren,
11
whistle,
or
bell
from
being
used
except
when
the
vehicle
is
12
operated
in
response
to
an
emergency
call
or
incident,
in
13
response
to
an
incident
dangerous
to
the
public,
in
a
parade
14
or
designated
public
service
event,
for
a
demonstration,
for
15
maintenance,
or
in
the
immediate
pursuit
of
an
actual
or
16
suspected
violator
of
the
law.
The
bill
requires
the
driver
17
of
the
vehicle
to
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
By
operation
of
law,
a
violation
of
this
provision
is
21
punishable
by
a
scheduled
fine
of
$30.
22
DESIGNATION
AS
AUTHORIZED
EMERGENCY
VEHICLE.
The
bill
23
includes
in
the
list
of
vehicles
authorized
to
be
designated
24
as
authorized
emergency
vehicles
those
vehicles
owned
by
a
25
certified
chief
or
certified
chief
officer
of
a
volunteer
fire
26
department,
a
fire
department
comprised
of
a
combination
of
27
volunteer
and
paid
members,
or
a
nonprofit
corporation
that
28
delivers
emergency
services;
vehicles
owned
by
a
chief
or
29
medical
director
of
an
authorized
emergency
medical
service
30
provider;
and
vehicles
owned
by
a
state
or
county
emergency
31
management
coordinator.
The
bill
requires
the
completion
of
32
certain
training
and
proof
of
financial
liability
coverage
or
33
risk
pool
coverage
to
obtain
the
designation.
34
The
bill
provides
that
a
certificate
of
designation
as
an
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authorized
emergency
vehicle
shall
be
valid
for
a
period
of
1
one
year,
and
allows
the
department
of
transportation
(DOT)
to
2
revoke
or
temporarily
suspend
the
designation
due
to
abuse,
3
reckless
or
unsafe
driving,
failure
to
prove
or
maintain
at
4
all
times
financial
liability
coverage
or
risk
pool
coverage,
5
or
the
fact
that
the
vehicle
has
unsafe
equipment.
The
bill
6
provides
for
a
process
by
which
the
DOT
may
revoke
or
suspend
a
7
designation.
The
bill
requires
the
DOT
to
create
and
maintain
8
a
database
of
vehicles
designated
as
authorized
emergency
9
vehicles.
10
The
bill
allows
the
operator
of
an
authorized
emergency
11
vehicle,
except
a
towing
and
recovery
vehicle,
to
request
12
reimbursement
from
the
operator’s
employer
or
organization
for
13
which
the
operator
volunteers
for
reasonable
costs
or
expenses
14
incurred
during
the
operation
of
the
vehicle
as
an
authorized
15
emergency
vehicle
on
official
business,
including
fuel
and
16
mileage
reimbursement.
The
bill
prohibits
a
public
or
private
17
employer
from
requiring
an
employee
or
volunteer
to
apply
for
18
or
maintain
a
certificate
of
designation
for
an
authorized
19
emergency
vehicle,
and
from
requiring
a
person
to
operate
or
20
use
an
authorized
emergency
vehicle.
21
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
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