II 

108TH CONGRESS 

2D SESSION S. 2793 

To remove civil liability barriers that discourage the donation of fire 

equipment to volunteer fire companies. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2004 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Good Samaritan Vol5 unteer Firefighter Assistance Act of 2004’’. 

6 SEC. 2. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DIS7 COURAGE THE DONATION OF FIRE EQUIP8 MENT TO VOLUNTEER FIRE COMPANIES. 

9 (a) LIABILITY PROTECTION.—A person who donates 

10 fire control or fire rescue equipment to a volunteer fire 
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•S 2793 IS

1 company shall not be liable for civil damages under any 

2 State or Federal law for personal injuries, property dam3 age or loss, or death proximately caused by the equipment 

4 after the donation. 

5 (b) EXCEPTIONS.—Subsection (a) does not apply to 

6 a person if— 

7 (1) the person’s act or omission proximately 

8 causing the injury, damage, loss, or death con9 stitutes gross negligence or intentional misconduct; 

10 or 

11 (2) the person is the manufacturer of the fire 

12 control or fire rescue equipment. 

13 (c) PREEMPTION.—This Act preempts the laws of 

14 any State to the extent such laws are inconsistent with 

15 this Act, except that notwithstanding subsection (b), this 

16 Act shall not preempt any State law that provides addi17 tional protection from liability for a person who donates 

18 fire control or fire rescue equipment to a volunteer fire 

19 company. 

20 (d) DEFINITIONS.—In this section: 

21 (1) PERSON.—The term ‘‘person’’ includes any 

22 governmental or other entity. 

23 (2) FIRE CONTROL OR RESCUE EQUIPMENT.— 

24 The term ‘‘fire control or fire rescue equipment’’ in-
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•S 2793 IS

1 cludes any fire vehicle, fire fighting tool, protective 

2 gear, fire hose, or breathing apparatus. 

3 (3) GROSS NEGLIGENCE.—The term ‘‘gross 

4 negligence’’ means voluntary and conscious conduct 

5 harmful to the health or well-being of another per6 son by a person who, at the time of the conduct, 

7 knew that the conduct was likely to be harmful to 

8 the health or well-being of another person. 

9 (4) INTENTIONAL MISCONDUCT.—The term 

10 ‘‘intentional misconduct’’ means voluntary and con11 scious conduct harmful to the health or well-being of 

12 another person by a person who, at the time of the 

13 conduct, knew that the conduct was harmful to the 

14 health or well-being of another person. 

15 (5) STATE.—The term ‘‘State’’ includes the 

16 several States, the District of Columbia, the Com17 monwealth of Puerto Rico, the Commonwealth of the 

18 Northern Mariana Islands, American Samoa, Guam, 

19 the Virgin Islands, any other territory or possession 

20 of the United States, and any political subdivision of 

21 any such State, territory, or possession. 

22 (6) VOLUNTEER FIRE COMPANY.—The term 

23 ‘‘volunteer fire company’’ means an association of 

24 individuals who provide fire protection and other 

25 emergency services, where at least 30 percent of the 
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1 individuals receive little or no compensation com2 pared with an entry level full-time paid individual in 

3 that association or in the nearest such association 

4 with an entry level full-time paid individual. 

5 (e) EFFECTIVE DATE.—This Act applies only to li6 ability for injury, damage, loss, or death caused by equip7 ment that, for purposes of subsection (a), is donated on 

8 or after the date that is 30 days after the date of the 

9 enactment of this Act. 

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