House File 2493 - Introduced HOUSE FILE 2493 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 2210) A BILL FOR An Act relating to liability arising from the donation of 1 equipment by a municipality, fire department, emergency 2 medical services provider, or law enforcement agency. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5891HV (1) 88 ss/jh

H.F. 2493 Section 1. NEW SECTION . 100B.41 Donation of fire fighting, 1 emergency medical response, and law enforcement equipment. 2 A fire department, emergency medical services provider, or 3 law enforcement agency may donate used vehicles or equipment 4 to an organization that provides fire response or emergency 5 medical services, or to a law enforcement agency. An entity 6 making a good faith donation of equipment pursuant to this 7 section shall be immune from civil liability from any claim 8 arising from the performance, failure to perform, nature, age, 9 condition, or packaging of any vehicle or equipment used in 10 fire fighting, emergency medical response, or law enforcement. 11 Sec. 2. Section 669.14, Code 2020, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 16. Any claim arising from the performance, 14 failure to perform, nature, age, condition, or packaging of 15 any vehicle or equipment used in fire fighting, emergency 16 medical response, or law enforcement which has been donated in 17 good faith without payment to any organization engaged in fire 18 fighting or emergency medical services, or to a law enforcement 19 agency. 20 Sec. 3. Section 670.4, subsection 1, Code 2020, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . r. Any claim arising from the performance, 23 failure to perform, nature, age, condition, or packaging of 24 any vehicle or equipment used in fire fighting, emergency 25 medical response, or law enforcement which has been donated in 26 good faith without payment to any organization engaged in fire 27 fighting or emergency medical services, or to a law enforcement 28 agency. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill allows a fire department, emergency medical 33 services provider, or law enforcement agency to donate used 34 equipment to another organization that provides fire fighting 35 -1- LSB 5891HV (1) 88 ss/jh 1/ 2

H.F. 2493 or emergency medical services, or is a law enforcement agency. 1 The bill exempts the state, municipalities, fire departments, 2 emergency medical services providers, and law enforcement 3 agencies from tort liability arising from the performance, 4 failure to perform, nature, age, condition, or packaging of any 5 vehicle or equipment donated in good faith to an organization 6 that provides fire fighting or emergency medical services, or 7 is a law enforcement agency. 8 -2- LSB 5891HV (1) 88 ss/jh 2/ 2