I 
109TH CONGRESS 
1ST SESSION H. R. 1088 
To remove civil liability barriers that discourage the donation of fire 
equipment to volunteer fire companies. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2005 
Mr. CASTLE (for himself, Mr. NEY, Mr. GREEN of Wisconsin, Mr. OXLEY, Ms. 
CARSON, Mr. BACHUS, Mr. GILLMOR, Ms. HARMAN, Mr. ROGERS of 
Michigan, Mr. WOLF, Mr. MCCAUL of Texas, Mr. DENT, Mr. PLATTS, 
Mr. WELDON of Pennsylvania, Mr. WILSON of South Carolina, Mr. 
DELAHUNT, Mr. HOLDEN, Mr. SOUDER, Mr. GILCHREST, Mr. EVANS, 
Mr. FORBES, Mrs. LOWEY, Mr. OWENS, Mr. BAKER, Mr. KILDEE, Mr. 
DOYLE, Mr. COSTELLO, Mr. UPTON, Mr. MCGOVERN, Mr. CONAWAY, 
Mr. BRADY of Texas, Mr. CALVERT, Mrs. CAPITO, Mr. KING of New 
York, Mr. BARTLETT of Maryland, Mr. DUNCAN, Mr. COX, Mrs. JOHN-
SON of Connecticut, Mr. KENNEDY of Minnesota, Mr. EHLERS, Mr. 
MCHUGH, Mr. GOODE, Mr. GARRETT of New Jersey, Mr. MCINTYRE, 
Mr. FOSSELLA, Mr. ETHERIDGE, Mr. PAYNE, Mr. MCNULTY, Mr. 
RUPPERSBERGER, Mr. ROSS, Mr. STUPAK, Mr. BISHOP of Georgia, Mrs. 
JO ANN DAVIS of Virginia, Mr. FLAKE, Mr. REHBERG, Mr. REYNOLDS, 
Mr. NORWOOD, Mrs. KELLY, Mr. KUHL of New York, and Mr. INGLIS 
of South Carolina) introduced the following bill; which was 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Good Samaritan Vol-
unteer Firefighter Assistance Act of 2005’’. 
SEC. 2. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DIS-
COURAGE THE DONATION OF FIRE EQUIP-
MENT 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 dam-
age 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 in-
jury, damage, loss, or death constitutes gross neg-
ligence 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 do-
nates 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’’ in-
cludes any fire vehicle, fire fighting tool, communica-
tions equipment, protective gear, fire hose, or 
breathing apparatus. 
(3) STATE.—The term ‘‘State’’ includes the 
several States, the District of Columbia, the Com-
monwealth 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 com-
pared 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 li-
ability for injury, damage, loss, or death caused by equip-