S.Amdt. 1507
What it does: Adds SEC. 1073. LIABILITY PROTECTION FOR DONATING FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES on page 286, between lines 7 and 8
Sen. Rick Santorum (R-PA)What it changes
1 change to S. 1042
Adds SEC. 1073. LIABILITY PROTECTION FOR DONATING FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES on page 286, between lines 7 and 8
Adds a sectionPrinted pageInserted: SEC. 1073. LIABILITY PROTECTION FOR DONATING FIRE EQUIPMENT TO VOLUNTEER FIRE COMPANIES.
Inserted: (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.
Inserted: (b) Exceptions.--Subsection (a) does not apply to a person if--
Inserted: (1) the person's act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct; or
Inserted: (2) the person is the manufacturer of the fire control or fire rescue equipment.
Inserted: (c) Preemption.--This section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that notwithstanding subsection (b) this section 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.
Inserted: (d) Definitions.--In this section:
Inserted: (1) Person.--The term "person" includes any governmental or other entity.
Inserted: (2) Fire control or rescue equipment.--The term "fire control or fire rescue equipment" includes any--
Inserted: (A) fire, rescue, or emergency medical services vehicle;
Inserted: (B) fire fighting, rescue, or emergency medical services tool;
Inserted: (C) fire appliance;
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Inserted: (D) communications equipment;
Inserted: (E) protective gear;
Inserted: (F) fire hose; or
Inserted: (G) breathing apparatus.
Inserted: (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.
Inserted: (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.
Inserted: (e) Effective Date.--This section 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.
Original wording
On page 286, between lines 7 and 8, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1507. Mr. SANTORUM submitted an amendment intended to be proposed by him to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:
On page 286, between lines 7 and 8, insert the following:
SEC. 1073. LIABILITY PROTECTION FOR DONATING 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 section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that notwithstanding subsection (b) this section 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--
(A) fire, rescue, or emergency medical services vehicle;
(B) fire fighting, rescue, or emergency medical services tool;
(C) fire appliance;
(D) communications equipment;
(E) protective gear;
(F) fire hose; or
(G) 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 section 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.
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Senate amendment submitted
July 25, 2005