II 

109TH CONGRESS 

1ST SESSION S. 766 

To remove civil liability barriers that discourage the donation of fire 

equipment to volunteer fire companies. 

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 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 2005’’. 

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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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 caused by the equipment after the 

4 donation. 

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

6 a person if— 

7 (1) the person’s act or omission causing the in8 jury, damage, loss, or death constitutes gross neg9 ligence or intentional misconduct; or 

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

11 control or fire rescue equipment. 

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

13 any State to the extent that such laws are inconsistent 

14 with this Act, except that notwithstanding subsection (b) 

15 this Act shall not preempt any State law that provides 

16 additional protection from liability for a person who do17 nates fire control or fire rescue equipment to a volunteer 

18 fire company. 

19 (d) DEFINITIONS.—In this section: 

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

21 governmental or other entity. 

22 (2) FIRE CONTROL OR RESCUE EQUIPMENT.—

23 The term ‘‘fire control or fire rescue equipment’’ in24 cludes any fire vehicle, fire fighting tool, communica-
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1 tions equipment, protective gear, fire hose, or 

2 breathing apparatus. 

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

4 several States, the District of Columbia, the Com5 monwealth of Puerto Rico, the Commonwealth of the 

6 Northern Mariana Islands, American Samoa, Guam, 

7 the Virgin Islands, any other territory or possession 

8 of the United States, and any political subdivision of 

9 any such State, territory, or possession. 

10 (4) VOLUNTEER FIRE COMPANY.—The term 

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

12 individuals who provide fire protection and other 

13 emergency services, where at least 30 percent of the 

14 individuals receive little or no compensation com15 pared with an entry level full-time paid individual in 

16 that association or in the nearest such association 

17 with an entry level full-time paid individual. 

18 (e) EFFECTIVE DATE.—This Act applies only to li19 ability for injury, damage, loss, or death caused by equip20 ment that, for purposes of subsection (a), is donated on 

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

22 enactment of this Act.

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