II 109th CONGRESS 1st Session S. 766 IN THE SENATE OF THE UNITED STATES April 12, 2005 Mr. Santorum introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To remove civil liability barriers that discourage the donation of fire equipment to volunteer fire companies.

1.

Short title

This Act may be cited as the Good Samaritan Volunteer Firefighter Assistance Act of 2005 .

2.

Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies

(a)

Liability protection

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 caused by the equipment after the donation. (b)

Exceptions

Subsection (a) does not apply to a person if— (1) the person’s act or omission 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)

Preemption

This Act preempts the laws of any State to the extent that 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)

Definitions

In this section: (1)

Person

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, communications equipment, protective gear, fire hose, or breathing apparatus. (3)

State

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. (4)

Volunteer fire company

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)

Effective date

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.