1.
This Act may be cited as the
Good Samaritan Volunteer Firefighter
Assistance Act of 2004
.
2.
Removal of civil liability barriers that discourage the
donation of fire equipment to volunteer fire companies
(a)
A person who donates fire control or fire rescue equipment to a
volunteer fire company shall not be liable for civil damages under any State or
Federal law for personal injuries, property damage or loss, or death
proximately caused by the equipment after the donation.
(b)
Subsection (a) does not apply to a person if—
(1)
the person’s act or omission proximately causing the injury,
damage, loss, or death constitutes gross negligence or intentional misconduct;
or
(2)
the person is the manufacturer of the fire control or fire rescue
equipment.
(c)
This Act preempts the laws of any State to the extent such laws
are inconsistent with this Act, except that notwithstanding subsection (b),
this Act shall not preempt any State law that provides additional protection
from liability for a person who donates fire control or fire rescue equipment
to a volunteer fire company.
(d)
In this section:
(1)
The term person includes any governmental or other
entity.
(2)
Fire control or rescue equipment
The term fire control or fire rescue equipment
includes any fire vehicle, fire fighting tool, protective gear, fire hose, or
breathing apparatus.
(3)
The term gross negligence means voluntary and
conscious conduct harmful to the health or well-being of another person by a
person who, at the time of the conduct, knew that the conduct was likely to be
harmful to the health or well-being of another person.
(4)
The term intentional misconduct means voluntary and
conscious conduct harmful to the health or well-being of another person by a
person who, at the time of the conduct, knew that the conduct was harmful to
the health or well-being of another person.
(5)
The term State includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any other
territory or possession of the United States, and any political subdivision of
any such State, territory, or possession.
(6)
The term volunteer fire company means an association
of individuals who provide fire protection and other emergency services, where
at least 30 percent of the individuals receive little or no compensation
compared with an entry level full-time paid individual in that association or
in the nearest such association with an entry level full-time paid
individual.
(e)This Act applies only to liability for injury, damage, loss,
or death caused by equipment that, for purposes of subsection (a), is donated
on or after the date that is 30 days after the date of the enactment of this
Act.