[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1787 Placed on Calendar Senate (PCS)]
2d Session
H. R. 1787
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2004
Received
September 28, 2004
Read the first time
September 29, 2004
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To remove civil liability barriers that discourage the donation of fire
equipment to volunteer fire companies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Volunteer Firefighter
Assistance Act of 2004''.
SEC. 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 proximately 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 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) 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.
SEC. 3. STATE-BY-STATE REVIEW OF DONATION OF FIREFIGHTER EQUIPMENT.
(a) In General.--The Attorney General of the United States shall
conduct a State-by-State review of the donation of firefighter
equipment to volunteer firefighter companies during the 5-year period
ending on the date of the enactment of this Act.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Attorney General of the United States shall
publish and submit to the Congress a report on the results of the
review conducted under subsection (a). The report shall include, for
each State, the most effective way to fund firefighter companies,
whether first responder funding is sufficient to respond to the
Nation's needs, and the best method to ensure that the equipment
donated to volunteer firefighter companies is in usable condition.
Passed the House of Representatives September 14, 2004.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 748
108th CONGRESS
2d Session
H. R. 1787
_______________________________________________________________________
AN ACT
To remove civil liability barriers that discourage the donation of fire
equipment to volunteer fire companies.
_______________________________________________________________________
September 29, 2004
Read the second time and placed on the calendar