H.R.1919 - Good Samaritan Volunteer Firefighter Assistance Act of 2001107th Congress (2001-2002)
Text: H.R.1919 — 107th Congress (2001-2002)
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Introduced in House (05/21/2001)
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[Congressional Bills 107th Congress] [From the U.S. Government Printing Office] [H.R. 1919 Introduced in House (IH)] 107th CONGRESS 1st Session H. R. 1919 To remove civil liability barriers surrounding donating fire equipment to volunteer fire companies. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 21, 2001 Mr. Castle introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To remove civil liability barriers surrounding donating 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 2001''. SEC. 2. REMOVAL OF CIVIL LIABILITY BARRIERS. (a) Liability Protection.-- (1) Individual rule.--A person who donates qualified fire control or fire rescue equipment to a volunteer fire company shall not be liable in civil damages under any State or Federal law for personal injuries, property damage, or death proximately caused after the donation by a defect in the equipment. (2) State or local rule.--A State or local agency, including a person acting as an agent of such an agency, that administers the distribution of qualified 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 death proximately caused after the distribution by a defect in the equipment. (b) Exceptions to Liability Protection.--Subsection (a) does not apply to a person or agency if-- (1) the defect that proximately causes the injury, damage, or loss resulted from an act or omission of the person or agency, that constitutes malice, gross negligence, recklessness, or intentional misconduct; or (2) the person or agency is the manufacturer of the qualified fire control or fire rescue equipment. SEC. 3. DEFINITIONS. In this Act: (1) Person.--The term ``person'' includes any individual and any governmental or other entity. (2) Fire control or rescue equipment.--The term ``fire control or fire rescue equipment'' includes fire vehicles, fire fighting tools, protective gear, fire hose, and breathing apparatus. (3) Qualified fire control or rescue equipment.--The term ``qualified fire control or fire rescue equipment'' means fire control or fire rescue equipment that has been recertified by an authorized technician as meeting the manufacturer's specifications and has been distributed through a State or local agency to the volunteer fire company. (4) Authorized technician.--The term ``authorized technician'' means a technician that has been certified by the manufacturer of fire control or fire rescue equipment to inspect such equipment. The technician need not be employed by the State or local agency administering the distribution of the fire control or fire rescue equipment. SEC. 4. EFFECTIVE DATE AND APPLICATION. This Act-- (1) shall take effect 30 days after the date of its enactment; and (2) applies only to a cause of action that accrues on or after that date. <all>